BILL REQ. #:  H-4009.2 

Read first time 01/13/2006.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to creating multiple degrees of illegal voting; amending RCW 29A.84.010, 29A.84.130, 29A.84.140, 29A.84.610, 29A.84.650, and 29A.84.660; reenacting and amending RCW 29A.84.670 and 29A.84.680; and prescribing penalties.

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

Sec. 1   RCW 29A.84.010 and 2003 c 111 s 2101 are each amended to read as follows:
     (1) A county auditor who suspects a person of fraudulent voter registration, vote tampering, or irregularities in voting shall transmit his or her suspicions and observations without delay to the canvassing board.
     (2) The county auditor shall make a good faith effort to contact the person in question without delay. If the county auditor is unable to contact the person, or if, after contacting the person, the auditor still suspects fraudulent voter registration, vote tampering, or irregularities in voting, the auditor shall refer the issue to the county prosecuting attorney to determine if further action is warranted.
     (3) When a complaint providing information concerning fraudulent voter registration, vote tampering, or irregularities in voting is presented to the office of the prosecuting attorney, that office shall file charges, or issue a notice of civil infraction as provided in chapter 7.80 RCW, in all cases where warranted.

Sec. 2   RCW 29A.84.130 and 2003 c 111 s 2107 are each amended to read as follows:
     (1) Any person ((who:
     (1) Knowingly)) is guilty of a class C felony if he or she knowingly:
(a) Provides false information on an application for voter registration under any provision of this title;
     (((2) Knowingly)) (b) Makes or attests to a false declaration as to his or her qualifications as a voter;
     (((3) Knowingly)) (c) Causes or permits himself or herself to be registered using the name of another person;
     (((4) Knowingly)) (d) Causes himself or herself to be registered under two or more different names;
     (((5) Knowingly)) (e) Causes himself or herself to be registered in two or more counties;
     (((6))) (f) Offers to pay another person to assist in registering voters, where payment is based on a fixed amount of money per voter registration;
     (((7))) (g) Accepts payment for assisting in registering voters, where payment is based on a fixed amount of money per voter registration; ((or
     (8) Knowingly)) (h) Causes any person to be registered or causes any registration to be transferred or canceled except as authorized under this title((,
is guilty of a class C felony punishable under RCW 9A.20.021)); or
     (i) Induces another to violate this section.
     (2) Any person who recklessly violates this section is guilty of a gross misdemeanor.
     (3) Any person who negligently violates this section commits a class 1 civil infraction, as provided in RCW 7.80.120.

Sec. 3   RCW 29A.84.140 and 2005 c 246 s 22 are each amended to read as follows:
     (1) A person ((who)) is guilty of a class C felony if he or she:
     (a) Registers to vote and knows that he or she does not possess the legal qualifications of a voter ((and who registers to vote is guilty of a class C felony)); or
(b) Induces another to violate this section.
     (2) A person commits a class 1 civil infraction, as provided in RCW 7.80.120, if he or she negligently violates this section.

Sec. 4   RCW 29A.84.610 and 2003 c 111 s 2127 are each amended to read as follows:
     (1) A person is guilty of a gross misdemeanor ((who)) if he or she knowingly:
     (((1))) (a) Deceives any voter in recording his or her vote by providing incorrect or misleading recording information or by providing faulty election equipment or records; ((or
     (2))) (b) Records the vote of any voter in a manner other than as designated by the voter((.
     Such a gross misdemeanor is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)); or
     (c) Induces another to violate this section.
     (2) A person commits a class 1 civil infraction, as provided in RCW 7.80.120, if he or she negligently violates this section.

Sec. 5   RCW 29A.84.650 and 2005 c 243 s 24 are each amended to read as follows:
     (1) Any person who intentionally:
(a) Votes or attempts to vote in this state more than once at any election((, or who intentionally));
(b) Votes or attempts to vote in both this state and another state at any election; or
     (c) Induces another to violate this section,
is guilty of a class C felony.
     (2) Any person who recklessly or negligently violates this section commits a class 1 civil infraction as provided in RCW 7.80.120.

Sec. 6   RCW 29A.84.660 and 2003 c 111 s 2133 are each amended to read as follows:
     (1) Any person who:
(a) Knows that he or she does not possess the legal qualifications of a voter and who votes at any primary ((or)), special, or general election authorized by law to be held in this state for any office whatever; or
(b) Induces another to violate this section,
is guilty of a class C felony punishable under RCW 9A.20.021.
(2) Any person who negligently violates this section commits a class 1 civil infraction, as provided in RCW 7.80.120.

Sec. 7   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) Show his or her ballot after it is marked to any person in such a way as to reveal the contents thereof or the name of any candidate for whom he or she has marked his or her vote;
     (b) Receive a ballot from any person other than the election officer having charge of the ballots;
     (c) Vote or offer to vote any ballot except one that he or she has received from the election officer having charge of the ballots;
     (d) Place any mark upon his or her ballot by which it may afterward be identified as the one voted by him or her;
     (e) Fail to return to the election officers any ballot he or she received from an election officer; or
(f) Induce another to violate this section.
     (2) A violation of this section is a misdemeanor, punishable by a fine not exceeding one hundred dollars, plus costs of prosecution.

Sec. 8   RCW 29A.84.680 and 2003 c 111 s 2136 and 2003 c 53 s 179 are each reenacted and amended to read as follows:
     (1) A person who:
(a) Willfully violates any provision of chapter 29A.40 RCW regarding the assertion or declaration of qualifications to receive or cast an absentee ballot ((or));
(b) Unlawfully casts a vote by absentee ballot; or
(c) Induces another to violate this section,
is guilty of a class C felony punishable under RCW 9A.20.021.
     (2) A person who recklessly violates this section is guilty of a gross misdemeanor.
     (3) A person who negligently violates this section commits a class 1 civil infraction, as provided in RCW 7.80.120.
(4) Except as provided in this chapter, a person who willfully violates any other provision of chapter 29A.40 RCW, or who induces another to do so, is guilty of a misdemeanor.