BILL REQ. #: H-1888.3
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 02/24/2005. Referred to Committee on State Government Operations & Accountability.
AN ACT Relating to ensuring the integrity of elections; amending RCW 29A.04.008, 29A.04.103, 29A.04.109, 29A.04.163, 29A.08.010, 29A.08.110, 29A.08.140, 29A.08.210, 29A.08.220, 29A.08.250, 29A.08.520, 29A.08.625, 29A.08.820, 29A.08.830, 29A.40.050, 29A.40.020, 29A.40.091, 29A.40.140, 29A.44.201, 29A.44.330, 29A.44.340, 29A.84.110, 29A.84.140, 29A.84.650, 46.20.035, 46.20.091, 46.20.105, 46.20.117, and 46.20.155; 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; adding a new section to chapter 46.20 RCW; adding a new chapter to Title 29A RCW; recodifying RCW 29A.40.050; repealing RCW 29A.08.145 and 29A.08.230; prescribing penalties; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 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.
NEW SECTION. Sec. 2 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. 3 RCW 29A.04.008 and 2004 c 271 s 102 are each amended to
read as follows:
As used in this title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or
portion of a jurisdiction at a particular primary, general election, or
special election;
(b) A facsimile of the contents of a particular ballot whether
printed on a paper ballot or ballot card or as part of a voting machine
or voting device;
(c) A physical or electronic record of the choices of an individual
voter in a particular primary, general election, or special election;
or
(d) The physical document on which the voter's choices are to be
recorded;
(2) "Paper ballot" means a piece of paper on which the ballot for
a particular election or primary has been printed, on which a voter may
record his or her choices for any candidate or for or against any
measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of paper of any
size on which a voter may record his or her choices for any candidate
and for or against any measure and that is to be tabulated on a vote
tallying system;
(4) "Sample ballot" means a printed facsimile of all the issues and
offices on the ballot in a jurisdiction and is intended to give voters
notice of the issues, offices, and candidates that are to be voted on
at a particular primary, general election, or special election;
(5) "Provisional ballot" means a ballot issued to a voter at the
polling place on election day by the precinct election board, for one
of the following reasons:
(a) The voter's name does not appear in the poll book for the
precinct at which the voter appears and who therefore cannot be
verified as a registered voter;
(b) There is an indication in the poll book that ((the voter has
requested)) an absentee ballot((, but the voter wishes to vote at the
polling place)) has been issued;
(c) There is a question on the part of the voter concerning the
issues or candidates on which the voter is qualified to vote;
(6) "Party ballot" means a primary election ballot specific to a
particular major political party that lists all partisan offices to be
voted on at that primary, and the candidates for those offices who
affiliate with that same major political party;
(7) "Nonpartisan ballot" means a primary election ballot that lists
all nonpartisan races and ballot measures to be voted on at that
primary.
Sec. 4 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. 5 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. 6 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. 7 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)) Required information includes proof
that the applicant is a United States citizen, the applicant's name,
complete valid 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,)) 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 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.
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. 8 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 the application is complete, the auditor shall confirm the validity
of the citizenship information provided and upon confirmation that such
information is valid, the applicant is considered to be registered to
vote as of the date of mailing. If it is not complete, the auditor
shall promptly mail a verification notice of the deficiency to the
applicant. This verification notice shall require the applicant to
provide the missing information. If the verification notice is not
returned by the applicant or is returned as undeliverable the auditor
shall not place the name of the applicant on the county voter list. If
the applicant provides the required verified information, the auditor
shall confirm the validity of the citizenship information provided, and
upon confirmation that such information is valid, 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 date of mailing.)) 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.
Sec. 9 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. 10 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 signature; and
(8)
(((9))) (i) Any other information that the secretary of state
determines is necessary to establish the identity of the applicant and
prevent duplicate or fraudulent voter registrations.
This information shall be recorded on a single registration form to
be prescribed by the secretary of state.
If the applicant fails to provide the information required for
voter registration, the auditor shall send the applicant a verification
notice. The auditor shall not register the applicant until the
required information is provided. If a verification notice is returned
as undeliverable or the applicant fails to respond to the notice within
forty-five days, the auditor shall not register the applicant to vote.
(2) The applicant shall sign and attest to the following
declaration:
"I declare that the facts on this voter registration form are true.
I am a citizen of the United States, I am not presently denied my civil
rights as a result of being convicted of a felony, I will have lived in
Washington at this address for thirty days before the next election at
which I vote, and I will be at least eighteen years old when I vote."
(3) The following warning shall appear in a conspicuous place on
the voter registration form:
"If you knowingly provide false information on this voter
registration form or knowingly make a false declaration about your
qualifications for voter registration you will have committed a class
C felony that is punishable by imprisonment for up to five years, or by
a fine of up to ten thousand dollars, or both imprisonment and fine."
Sec. 11 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. 12 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. 13 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 person has not had his or her right to vote restored,
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, which notice must 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. 14 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 certified copy of any one of the following:
(1) A United States passport;
(2) A certified birth certificate issued by the city, county, or
state. A certified birth certificate has a registrar's raised,
embossed, impressed, or multicolored seal, registrar's signature, and
the date the certificate was filed with the registrar's office, which
must be within one year of birth;
(3) A consular report of birth abroad or certification of birth;
(4) A naturalization certificate; or
(5) A certificate of citizenship.
NEW SECTION. Sec. 15 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. 16 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 known to have been placed under the care of a full guardianship
due to their mental capacity and who have not otherwise been declared
able to vote. 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
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.
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. 17 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.
Sec. 18 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)) provisional 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 he or she 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 he
or she chooses 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.
Sec. 19 RCW 29A.08.820 and 2003 c 111 s 254 are each amended to
read as follows:
When the right of a person has been challenged under RCW 29A.08.810
or 29A.08.830(2), the challenged person shall be permitted to vote a
provisional ballot, which shall be placed in a sealed envelope separate
from other voted ballots. In precincts where voting machines are used,
any person whose right to vote is challenged under RCW 29A.08.810 or
29A.08.830(2) shall be furnished a provisional paper ballot, which
shall be placed in a sealed envelope after being marked. Included with
the ((challenged)) provisional ballot shall be (1) an affidavit filed
under RCW 29A.08.830 challenging the person's right to vote or (2) an
affidavit signed by the precinct election officer and any third party
involved in the officer's challenge and stating the reasons the voter
is being challenged. The sealed provisional ballots ((of challenged
voters)) shall be transmitted at the close of the election to the
canvassing board or other authority charged by law with canvassing the
returns of the particular primary or election. The county auditor
shall notify the challenger and the challenged voter, by certified
mail, of the time and place at which the county canvassing board will
meet to rule on ((challenged)) provisional ballots. If the challenge
is made by a precinct election officer under RCW 29A.08.810, the
officer must appear in person before the board unless he or she has
received written authorization from the canvassing board to submit an
affidavit supporting the challenge. If the challenging officer has
based his or her challenge upon evidence provided by a third party,
that third party must appear with the challenging officer before the
canvassing board, unless he or she has received written authorization
from the canvassing board to submit an affidavit supporting the
challenge. If the challenge is filed under RCW 29A.08.830, the
challenger must either appear in person before the board or submit an
affidavit supporting the challenge. The challenging party must prove
to the canvassing board by clear and convincing evidence that the
challenged voter's registration is improper. If the challenging party
fails to meet this burden, the ((challenged)) provisional ballot shall
be accepted as valid and counted. The canvassing board shall give the
challenged voter the opportunity to present testimony, either in person
or by affidavit, and evidence to the canvassing board before making
their determination. All ((challenged)) provisional ballots must be
determined no later than the time of canvassing for the particular
primary or election. The decision of the canvassing board or other
authority charged by law with canvassing the returns shall be final.
Challenges of absentee ballots shall be determined according to RCW
29A.40.140.
Sec. 20 RCW 29A.08.830 and 2003 c 111 s 255 are each amended to
read as follows:
(1) Any registered voter may request that the registration of
another voter be canceled if he or she believes that the voter does not
meet the requirements of Article VI, section 1 of the state
Constitution or that voter no longer maintains a legal voting residence
at the address shown on his or her registration record. The challenger
shall file with the county auditor a signed affidavit subject to the
penalties of perjury, to the effect that to his or her personal
knowledge and belief another registered voter does not actually reside
at the address as given on his or her registration record or is
otherwise not a qualified voter and that the voter in question is not
protected by the provisions of Article VI, section 4, of the
Constitution of the state of Washington. The person filing the
challenge must furnish the address at which the challenged voter
actually resides.
(2) Any such challenge of a voter's registration and right to vote
made less than thirty days before a primary or election, special or
general, shall be administered under RCW 29A.08.820. The county
auditor shall notify the challenged voter and the precinct election
officers in the voter's precinct that a challenge has been filed,
provide the name of the challenger, and instruct both the precinct
election officers and the voter that, in the event the challenged voter
desires to vote at the ensuing primary or election, a ((challenged))
provisional ballot will be provided. The voter shall also be informed
that the status of his or her registration and the disposition of any
((challenged)) provisional ballot will be determined by the county
canvassing board in the manner provided by RCW 29A.08.820. If the
challenged voter does not vote at the ensuing primary or election, the
challenge shall be processed in the same manner as challenges made more
than thirty days prior to the primary or election under RCW 29A.08.840.
NEW SECTION. Sec. 21 (1) Provisional or questionable ballots
must not be tallied until the validity of the ballot or the voter has
been confirmed and, if so, the ballots will be processed in similar
manner to absentee ballots. A provisional ballot is issued to a person
seeking to vote in a polling place under the following circumstances:
(a) The name of the voter does not appear in the poll book and:
(i) The voter's registration was canceled but the voter questions
the validity of the cancellation;
(ii) The status of the voter's registration cannot be determined at
that time; or
(iii) The voter is registered and assigned to another polling place
or jurisdiction;
(b) The voter's name is in the poll book but there is an indication
that the voter was issued an absentee ballot, and the voter wishes to
vote at the polls; or
(c) Other circumstances as determined by the precinct election
official.
(2) The precinct election official shall issue a provisional ballot
outer envelope and a security envelope to the voter eligible for a
provisional ballot. The voter shall vote the ballot in secrecy and,
when done, place the ballot in the security envelope, then place the
security envelope with the ballot in it in the provisional ballot outer
envelope and return it to the precinct election official. The precinct
election official shall ensure that the required information is
completed on the outside of the outer envelope and have the voter sign
it in the appropriate space, and place it in a secure container
designated for provisional ballots only.
(3) When the provisional ballot, including provisional ballots from
other counties or states, are received in the elections center, the
circumstances surrounding the provisional ballot must be investigated
before certification of the primary or election. A provisional ballot
cannot be tallied if the registered voter did not sign either the poll
book or the provisional ballot envelope.
(4) When it is determined that the ballot is to be counted, the
ballot must be processed in a manner similar to an absentee ballot
except the provisional ballot outer envelopes must be retained
separately from the absentee ballot return envelopes. The manual
inspection of the ballots as required in WAC 434-261-070 or its
successor must also be carried out.
NEW SECTION. Sec. 22 At a minimum, the following information
will be required to be printed on the outer provisional ballot
envelope:
(1) An oath for the voter to sign, as required by the Help America
Vote Act, which must be included in substantially the following form:
"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.";
(2) Name and signature of voter (must be the same as on the oath);
(3) Voter's registered address both present and former, if
applicable;
(4) Voter's date of birth;
(5) Reason for the provisional ballot;
(6) Precinct and polling place at which voter has voted;
(7) Sufficient space to list disposition of the ballot after review
by the county auditor.
No provisional ballot may be rejected for lack of the information
described in this section as long as the voter provides a valid
signature and sufficient information to determine eligibility.
NEW SECTION. Sec. 23 (1) Upon receipt of the provisional ballot,
including provisional ballots from other counties or states, the
auditor must investigate the circumstances surrounding the provisional
ballot before certification of the primary or election. A provisional
ballot cannot be counted if the registered voter did not sign either
the poll book or the provisional ballot envelope.
(a) If there is no record of the voter ever having been registered,
the voter must be offered the opportunity to register and the
provisional ballot for the current election will not be counted.
(b) If the voter was previously registered and later canceled and
the auditor determines that the cancellation was in error, the voter's
registration will be immediately restored and the provisional ballot
counted.
(c) If the auditor determines that the cancellation was not in
error, the voter must be given the opportunity to reregister at the
voter's correct address, and the provisional ballot for the current
election will not be counted.
(2) If the voter is a registered voter but has voted a ballot other
than the one that the voter would have received at his or her
designated polling place, the auditor must ensure that only those votes
for the positions or measures for which the voter was eligible to vote
are counted, which may require coordination with other county auditors.
(3) If the voter is a registered voter in another county or state,
the auditor shall forward the ballot and a corresponding voter guide,
or other means by which the ballot can be interpreted including
rotation if applicable, within five business days after election day to
the supervisor of elections for the county for which the voter is
resident. If the provisional ballot envelope is not signed by the
voter, a copy of the poll book page must be included. If the county is
not known, it shall be forwarded to the secretary of state, or
counterpart, for the state in which the voter is resident.
(4) If the auditor finds that an absentee voter who voted a
provisional ballot at the polls has also voted an absentee ballot in
that primary or election, the provisional ballot will not be counted.
(5) The auditor shall prepare a tally displaying the number of
provisional ballots received, the number found valid and counted, the
number rejected and not counted, and the reason for not counting the
ballots, as part of the canvassing process and presented to the
canvassing board before the certification of the primary or election.
NEW SECTION. Sec. 24 When the disposition of the provisional
ballot determines that the provisional ballot is to be counted, the
provisional ballot shall be processed in a manner similar to an
absentee ballot as provided in chapters 29A.40 and 29A.60 RCW except
the outer provisional ballot envelopes must be retained separately from
the absentee ballot return envelopes. The manual inspection of the
ballots as required in WAC 434-261-070 or its successor must also be
carried out.
NEW SECTION. Sec. 25 The secretary of state shall establish a
free access system (such as a toll-free telephone number or an Internet
web site) that any individual who casts a provisional ballot may access
to discover whether the vote of that individual was counted, and, if
the vote was not counted, the reason why the vote was not counted. The
secretary of state shall establish and maintain reasonable procedures
necessary to protect the security, confidentiality, and integrity of
personal information collected, stored, or otherwise used by the free
access system established under this section. Access to information
about an individual provisional ballot must be restricted to the
individual who cast the ballot.
Sec. 26 RCW 29A.40.050 and 2003 c 111 s 1005 are each amended to
read as follows:
(1) As provided in this section, county auditors shall provide
special ((absentee)) provisional ballots to be used for state primary
or state general elections. An auditor shall provide a special
((absentee)) provisional ballot only to a registered voter who
completes an application stating that she or he will be unable to vote
and return ((a regular)) an absentee ballot by normal mail delivery
within the period provided for ((regular)) absentee ballots.
The application for a special ((absentee)) provisional ballot may
not be filed earlier than ninety days before the applicable state
primary or general election. The special ((absentee)) provisional
ballot will list the offices and measures, if known, scheduled to
appear on the state primary or general election ballot. The voter may
use the special ((absentee)) provisional ballot to write in the name of
any eligible candidate for each office and vote on any measure.
(2) With any special ((absentee)) provisional ballot issued under
this section, the county auditor shall include a listing of any
candidates who have filed before the time of the application for
offices that will appear on the ballot at that primary or election and
a list of any issues that have been referred to the ballot before the
time of the application.
(3) Write-in votes on special ((absentee)) provisional ballots must
be counted in the same manner provided by law for the counting of other
write-in votes. The county auditor shall process and canvass the
special ((absentee)) provisional ballots provided under this section in
the same manner as ((other)) absentee ballots under ((this)) chapters
29A.40 and ((chapter)) 29A.60 RCW.
(4) A voter who requests a special ((absentee)) provisional ballot
under this section may also request an absentee ballot under RCW
29A.40.020(4). If the ((regular)) absentee ballot is properly voted
and returned, the special ((absentee)) provisional ballot is void, and
the county auditor shall reject it in whole when special ((absentee))
provisional ballots are canvassed.
NEW SECTION. Sec. 27 In addition to the material required by RCW
29A.40.091, each county auditor shall include with any special
provisional ballot mailed the following information:
(1) Instructions for voting the ballot;
(2) Instructions for correcting a spoiled ballot;
(3) The fact that political party designation should be included
with all write-ins for partisan office;
(4) A listing of all offices and measures that will appear upon the
ballot, together with a listing of all persons who have filed for
office or who have indicated their intention to file for office;
(5) A copy of any applicable voters' guide available at that time;
(6) The fact that the voter may vote for as many or as few offices
or measures as he or she desires;
(7) The fact that the voter is entitled to request, and
subsequently vote a regular absentee ballot, and that if the regular
absentee is received during the time period provided by law for the
canvassing of absentee ballots it will be tabulated and the special
provisional ballot will be voided.
NEW SECTION. Sec. 28 No special provisional ballot may be
provided earlier than ninety days before a primary or election. An
application received by a county auditor more than ninety days before
a primary or general election may be either returned to the applicant
with the explanation that the request is premature or may be held by
the auditor until the appropriate time and then processed.
Sec. 29 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. 30 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. 31 RCW 29A.40.140 and 2003 c 111 s 1014 are each amended to
read as follows:
The qualifications of any absentee voter may be challenged at the
time the signature on the return envelope is verified and the ballot is
processed by the canvassing board. The board has the authority to
determine the legality of any absentee ballot challenged under this
section. Challenged ballots must be handled in accordance with chapter
((29A.08)) . . . RCW (sections 21 through 28 of this act).
Sec. 32 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. If they agree that
there are obvious discrepancies between the photograph on the
identification and the appearance of the voter before them or between
the signature on the identification and the signature the voter has
written in the poll book, they shall treat the ballot as a provisional
ballot, note the discrepancies in a written record, and transmit this
record to the county auditor along with the voted ballot.
(2) The only acceptable forms of identification are either a
Washington state driver's license or identicard or a United States
passport. 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. 33 RCW 29A.44.330 and 2003 c 111 s 1131 are each amended to
read as follows:
The programmed memory pack for each poll-site ballot counting
device must be sealed into the device during final preparation and
logic and accuracy testing. Except in the case of a device breakdown,
the memory pack must remain sealed in the device until after the polls
have closed and all reports and telephonic or electronic transfer of
results are completed. After all reporting is complete the precinct
election officers responsible for transferring the sealed voted ballots
under RCW 29A.60.110 shall ensure that the memory pack is returned to
the elections department. If the entire poll-site ballot counting
device is returned, the memory pack must remain sealed in the device.
If the poll-site ballot counting device is to remain at the polling
place, the precinct election officer shall break the seal on the device
and remove the memory pack and seal and return it along with the
irregularly voted ballots and ((special)) provisional ballots to the
elections department on election day.
Sec. 34 RCW 29A.44.340 and 2003 c 111 s 1132 are each amended to
read as follows:
Each poll-site ballot counting device must be programmed to return
all blank ballots and overvoted ballots to the voter for private
reexamination. The election officer shall take whatever steps are
necessary to ensure that the secrecy of the ballot is maintained. The
precinct election officer shall provide information and instruction on
how to properly mark the ballot. The voter may remark the original
ballot, may request a new ballot under RCW 29A.44.040, or may choose to
complete a ((special)) provisional ballot envelope and return the
ballot as a ((special)) provisional ballot.
NEW SECTION. Sec. 35 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. 36 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. 37 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. 38 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. 39 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.
NEW SECTION. Sec. 40 A new section is added to chapter 46.20 RCW
to read as follows:
A person applying for issuance or renewal of an identicard or a
Washington state driver's license must provide proof of United States
citizenship. If the person does not supply proof meeting the
requirements of RCW 46.20.035, the department may not issue the person
a regular identicard or driver's license. If the person satisfies all
other requirements and fees prescribed by law, the department shall
issue the person a provisional identicard or driver's license.
Sec. 41 RCW 46.20.035 and 2004 c 249 s 2 are each amended to read
as follows:
(1) The department may not issue an identicard or a Washington
state driver's license ((that is valid for identification purposes))
unless the applicant meets the identification requirements of
((subsection (1), (2), or (3) of)) this section.
(((1))) (2) A driver's license or identicard applicant must provide
the department with an original or certified copy of at least one of
the following pieces of valid identifying documentation that ((contains
the signature and a photograph of the applicant)) proves the applicant
is a United States citizen:
(a) ((A valid or recently expired driver's license or instruction
permit that includes the date of birth of the applicant;)) A United States passport;
(b) A Washington state identicard or an identification card issued
by another state;
(c) An identification card issued by the United States, a state, or
an agency of either the United States or a state, of a kind commonly
used to identify the members or employees of the government agency;
(d) A military identification card;
(e) A United States passport; or
(f) An Immigration and Naturalization Service form.
(2)
(b) 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;
(c) A consular report of birth abroad or certification of birth;
(d) A naturalization certificate; or
(e) A certificate of citizenship.
(3) Any person who applies for an identicard or a Washington state
driver's license under this chapter and any person who is the parent of
a minor who applies for an identicard or a Washington state driver's
license under this chapter shall first provide the department with
proof of the person's status as a citizen of the United States and, in
addition, shall provide the department with the person's residential
address and phone number. The department shall confirm the validity of
the person's citizenship status.
(4) Each identicard or Washington state driver's license issued by
the department to an applicant who is not a citizen must be clearly
identified as a provisional identicard or license.
(5) An applicant who is a minor may establish identity by providing
an affidavit of the applicant's parent or guardian. The parent or
guardian must accompany the minor and display or provide:
(a) At least one piece of documentation in subsection (((1))) (2)
of this section establishing the identity of the parent or guardian;
and
(b) Additional documentation establishing the relationship between
the parent or guardian and the applicant.
(((3) A person unable to provide identifying documentation as
specified in subsection (1) or (2) of this section may request that the
department review other available documentation in order to ascertain
identity. The department may waive the requirement if it finds that
other documentation clearly establishes the identity of the applicant.)) (6) An identicard or a driver's license that includes a
photograph that has been renewed by mail or by electronic commerce is
valid for identification purposes if the applicant met the
identification requirements of ((
(4)subsection (1), (2), or (3) of)) this
section at the time of previous issuance.
(((5))) (7) The form of an applicant's name, as established under
this section, is the person's name of record for the purposes of this
chapter.
(((6) If the applicant is unable to prove his or her identity under
this section, the department shall plainly label the license "not valid
for identification purposes."))
(8) Proof of citizenship is not required if an applicant displays
a valid or recently expired identicard or Washington state driver's
license that was issued by the department after the effective date of
this section.
Sec. 42 RCW 46.20.091 and 2000 c 115 s 4 are each amended to read
as follows:
(1) Application. In order to apply for a driver's license or
instruction permit the applicant must provide his or her:
(a) Name of record, as established by documentation required under
RCW 46.20.035;
(b) Date of birth, as established by satisfactory evidence of age;
(c) Sex;
(d) Washington residence address;
(e) Description;
(f) Driving licensing history, including:
(i) Whether the applicant has ever been licensed as a driver or
chauffeur and, if so, (A) when and by what state or country; (B)
whether the license has ever been suspended or revoked; and (C) the
date of and reason for the suspension or revocation; or
(ii) Whether the applicant's application to another state or
country for a driver's license has ever been refused and, if so, the
date of and reason for the refusal; ((and))
(g) Proof of United States citizenship; and
(h) Any additional information required by the department.
(2) Sworn statement. An application for an instruction permit or
for an original driver's license must be made upon a form provided by
the department. The form must include a section for the applicant to
indicate whether he or she has received driver training and, if so,
where. The identifying documentation verifying the name of record must
be accompanied by the applicant's written statement that it is valid.
The information provided on the form must be sworn to and signed by the
applicant before a person authorized to administer oaths. An applicant
who makes a false statement on an application for a driver's license or
instruction permit is guilty of false swearing, a gross misdemeanor,
under RCW 9A.72.040.
(3) Driving records from other jurisdictions. If a person
previously licensed in another jurisdiction applies for a Washington
driver's license, the department shall request a copy of the
applicant's driver's record from the other jurisdiction. The driving
record from the other jurisdiction becomes a part of the driver's
record in this state.
(4) Driving records to other jurisdictions. If another
jurisdiction requests a copy of a person's Washington driver's record,
the department shall provide a copy of the record. The department
shall forward the record without charge if the other jurisdiction
extends the same privilege to the state of Washington. Otherwise the
department shall charge a reasonable fee for transmittal of the record.
Sec. 43 RCW 46.20.105 and 2000 c 115 s 5 are each amended to read
as follows:
(1) The department may provide a method to distinguish the driver's
license of a person who is under the age of twenty-one from the
driver's license of a person who is twenty-one years of age or older.
(2) An instruction permit must be identified as an "instruction
permit" and issued in a distinctive form as determined by the
department.
(3) An intermediate license must be identified as an "intermediate
license" and issued in a distinctive form as determined by the
department.
(4) A provisional license must be identified as a "provisional
license" and issued in a distinctive color as determined by the
department.
Sec. 44 RCW 46.20.117 and 2004 c 249 s 5 are each amended to read
as follows:
(1) Issuance. The department shall issue an identicard, containing
a picture, if the applicant:
(a) Does not hold a valid Washington driver's license;
(b) Proves his or her identity as required by RCW 46.20.035; and
(c) Pays the required fee. The fee is fifteen dollars unless an
applicant is a recipient of continuing public assistance grants under
Title 74 RCW, who is referred in writing by the secretary of social and
health services. For those persons the fee must be the actual cost of
production of the identicard.
(2) Design and term. The identicard must:
(a) Be distinctly designed so that it will not be confused with the
official driver's license; ((and))
(b) Expire on the fifth anniversary of the applicant's birthdate
after issuance; and
(c) If a provisional identicard, be clearly identified as a
"provisional identicard" and issued in a distinctive color as
determined by the department.
(3) Renewal. An application for identicard renewal may be
submitted by means of:
(a) Personal appearance before the department; or
(b) Mail or electronic commerce, if permitted by rule of the
department and if the applicant did not renew his or her identicard by
mail or by electronic commerce when it last expired. However, the
department may accept an application for renewal of an identicard
submitted by means of mail or electronic commerce only if specific
authority and funding is provided for this purpose by June 30, 2004, in
the omnibus transportation appropriations act.
An identicard may not be renewed by mail or by electronic commerce
unless the renewal issued by the department includes a photograph of
the identicard holder.
(4) Cancellation. The department may cancel an identicard if the
holder of the identicard used the card or allowed others to use the
card in violation of RCW 46.20.0921.
Sec. 45 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. 46 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. 47 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; and
(2) 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. 48 (1) Sections 21 through 25, 27, and 28 of
this act constitute a new chapter in Title
(2) RCW 29A.40.050, as amended by section 26 of this act, is
recodified as a section in the new chapter created in subsection (1) of
this section.
NEW SECTION. Sec. 49 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 50 (1) Sections 1 and 18 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 immediately.
(2) The remainder of this act takes effect January 1, 2006.