BILL REQ. #:  S-1213.1 



_____________________________________________ 

SENATE BILL 5727
_____________________________________________
State of Washington59th Legislature2005 Regular Session

By Senators Carrell, Roach, Stevens, Shin, Esser, Mulliken, Zarelli, Schoesler and Benson

Read first time 02/03/2005.   Referred to Committee on Government Operations & Elections.



     AN ACT Relating to ensuring that only legally registered voters can vote; amending RCW 29A.04.103, 29A.04.109, 29A.04.163, 29A.08.010, 29A.08.010, 29A.08.110, 29A.08.110, 29A.08.140, 29A.08.140, 29A.08.210, 29A.08.220, 29A.08.250, 29A.08.520, 29A.08.520, 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 and 29A.08.230; prescribing penalties; providing effective dates; providing an expiration 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:
     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 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 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. 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.08.110 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 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 date of mailing. 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. 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 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 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 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. 10   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. 11   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;
     (8)
)) (h) The applicant's signature; and
     (((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. 12   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. 13   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. 14   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. 15   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. 16   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.

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 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. 18   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. 19   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. 20   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. 21   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. 22   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. 23   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. 24   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. 25   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. 26   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. 27   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. 28   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
XVIAggravated Murder 1 (RCW 10.95.020)
XVHomicide by abuse (RCW 9A.32.055)
 Malicious explosion 1 (RCW 70.74.280(1))
 Murder 1 (RCW 9A.32.030)
XIVMurder 2 (RCW 9A.32.050)
 Trafficking 1 (RCW 9A.40.100(1))
XIIIMalicious explosion 2 (RCW 70.74.280(2))
 Malicious placement of an explosive 1 (RCW 70.74.270(1))
XIIAssault 1 (RCW 9A.36.011)
 Assault of a Child 1 (RCW 9A.36.120)
 Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
 Rape 1 (RCW 9A.44.040)
 Rape of a Child 1 (RCW 9A.44.073)
 Trafficking 2 (RCW 9A.40.100(2))
XIManslaughter 1 (RCW 9A.32.060)
 Rape 2 (RCW 9A.44.050)
 Rape of a Child 2 (RCW 9A.44.076)
XChild Molestation 1 (RCW 9A.44.083)
 Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
 Kidnapping 1 (RCW 9A.40.020)
 Leading Organized Crime (RCW 9A.82.060(1)(a))
 Malicious explosion 3 (RCW 70.74.280(3))
 Sexually Violent Predator Escape (RCW 9A.76.115)
IXAssault of a Child 2 (RCW 9A.36.130)
 Explosive devices prohibited (RCW 70.74.180)
 Hit and Run--Death (RCW 46.52.020(4)(a))
 Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
 Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
 Malicious placement of an explosive 2 (RCW 70.74.270(2))
 Robbery 1 (RCW 9A.56.200)
 Sexual Exploitation (RCW 9.68A.040)
 Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIIIArson 1 (RCW 9A.48.020)
 Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
 Manslaughter 2 (RCW 9A.32.070)
 Promoting Prostitution 1 (RCW 9A.88.070)
 Theft of Ammonia (RCW 69.55.010)
 Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VIIBurglary 1 (RCW 9A.52.020)
 Child Molestation 2 (RCW 9A.44.086)
 Civil Disorder Training (RCW 9A.48.120)
 Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
 Drive-by Shooting (RCW 9A.36.045)
 Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
 Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
 Introducing Contraband 1 (RCW 9A.76.140)
 Malicious placement of an explosive 3 (RCW 70.74.270(3))
 Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
 Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1))
 Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
 Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VIBail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
 Bribery (RCW 9A.68.010)
 Incest 1 (RCW 9A.64.020(1))
 Intimidating a Judge (RCW 9A.72.160)
 Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
 Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
 Rape of a Child 3 (RCW 9A.44.079)
 Theft of a Firearm (RCW 9A.56.300)
 Unlawful Storage of Ammonia (RCW 69.55.020)
VAbandonment of dependent person 1 (RCW 9A.42.060)
 Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
 Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
 Child Molestation 3 (RCW 9A.44.089)
 Criminal Mistreatment 1 (RCW 9A.42.020)
 Custodial Sexual Misconduct 1 (RCW 9A.44.160)
 Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
 Extortion 1 (RCW 9A.56.120)
 Extortionate Extension of Credit (RCW 9A.82.020)
 Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
 Incest 2 (RCW 9A.64.020(2))
 Kidnapping 2 (RCW 9A.40.030)
 Perjury 1 (RCW 9A.72.020)
 Persistent prison misbehavior (RCW 9.94.070)
 Possession of a Stolen Firearm (RCW 9A.56.310)
 Rape 3 (RCW 9A.44.060)
 Rendering Criminal Assistance 1 (RCW 9A.76.070)
 Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
 Sexually Violating Human Remains (RCW 9A.44.105)
 Stalking (RCW 9A.46.110)
 Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)
IVArson 2 (RCW 9A.48.030)
 Assault 2 (RCW 9A.36.021)
 Assault by Watercraft (RCW 79A.60.060)
 Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
 Cheating 1 (RCW 9.46.1961)
 Commercial Bribery (RCW 9A.68.060)
 Counterfeiting (RCW 9.16.035(4))
 Endangerment with a Controlled Substance (RCW 9A.42.100)
 Escape 1 (RCW 9A.76.110)
 Hit and Run -- Injury (RCW 46.52.020(4)(b))
 Hit and Run with Vessel -- Injury Accident (RCW 79A.60.200(3))
 Identity Theft 1 (RCW 9.35.020(2))
 Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
 Influencing Outcome of Sporting Event (RCW 9A.82.070)
 Malicious Harassment (RCW 9A.36.080)
 Residential Burglary (RCW 9A.52.025)
 Robbery 2 (RCW 9A.56.210)
 Theft of Livestock 1 (RCW 9A.56.080)
 Threats to Bomb (RCW 9.61.160)
 Trafficking in Stolen Property 1 (RCW 9A.82.050)
 Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b))
 Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))
 Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3))
 Unlawful transaction of insurance business (RCW 48.15.023(3))
 Unlicensed practice as an insurance professional (RCW 48.17.063(3))
 Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
 Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
 Willful Failure to Return from Furlough (RCW 72.66.060)
IIIAbandonment of dependent person 2 (RCW 9A.42.070)
 Assault 3 (RCW 9A.36.031)
 Assault of a Child 3 (RCW 9A.36.140)
 Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
 Burglary 2 (RCW 9A.52.030)
 Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
 Criminal Gang Intimidation (RCW 9A.46.120)
 Criminal Mistreatment 2 (RCW 9A.42.030)
 Custodial Assault (RCW 9A.36.100)
 Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3))
 Escape 2 (RCW 9A.76.120)
 Extortion 2 (RCW 9A.56.130)
 Harassment (RCW 9A.46.020)
 Intimidating a Public Servant (RCW 9A.76.180)
 Introducing Contraband 2 (RCW 9A.76.150)
 Malicious Injury to Railroad Property (RCW 81.60.070)
 Patronizing a Juvenile Prostitute (RCW 9.68A.100)
 Perjury 2 (RCW 9A.72.030)
 Possession of Incendiary Device (RCW 9.40.120)
 Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
 Promoting Prostitution 2 (RCW 9A.88.080)
 Securities Act violation (RCW 21.20.400)
 Tampering with a Witness (RCW 9A.72.120)
 Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2))
 Theft of Livestock 2 (RCW 9A.56.083)
 Trafficking in Stolen Property 2 (RCW 9A.82.055)
 Unlawful Imprisonment (RCW 9A.40.040)
 Unlawful possession of firearm in the second degree (RCW 9.41.040(2))
 Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
 Voter Registration Violation by Election Official (RCW 29A.84.110)
 Willful Failure to Return from Work Release (RCW 72.65.070)
IIComputer Trespass 1 (RCW 9A.52.110)
 Counterfeiting (RCW 9.16.035(3))
 Escape from Community Custody (RCW 72.09.310)
 Health Care False Claims (RCW 48.80.030)
 Identity Theft 2 (RCW 9.35.020(3))
 Improperly Obtaining Financial Information (RCW 9.35.010)
 Malicious Mischief 1 (RCW 9A.48.070)
 Possession of Stolen Property 1 (RCW 9A.56.150)
 Repeat Voting (RCW 29A.84.650)
 Theft 1 (RCW 9A.56.030)
 Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(5)(a))
 Trafficking in Insurance Claims (RCW 48.30A.015)
 Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a))
 Unlawful Practice of Law (RCW 2.48.180)
 Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
IAttempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
 False Verification for Welfare (RCW 74.08.055)
 Forgery (RCW 9A.60.020)
 Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060)
 Malicious Mischief 2 (RCW 9A.48.080)
 Mineral Trespass (RCW 78.44.330)
 Possession of Stolen Property 2 (RCW 9A.56.160)
 Reckless Burning 1 (RCW 9A.48.040)
 Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)
 Theft 2 (RCW 9A.56.040)
 Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(5)(b))
 Transaction of insurance business beyond the scope of licensure (RCW 48.17.063(4))
 Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
 Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
 Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320)
 Unlawful Possession of Payment Instruments (RCW 9A.56.320)
 Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)
 Unlawful Production of Payment Instruments (RCW 9A.56.320)
 Unlawful Trafficking in Food Stamps (RCW 9.91.142)
 Unlawful Use of Food Stamps (RCW 9.91.144)
 Unqualified Voter Registering (RCW 29A.84.140)
 Vehicle Prowl 1 (RCW 9A.52.095)

NEW SECTION.  Sec. 29   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. 30   Sections 5, 7, 9, and 14 of this act expire January 1, 2006.

NEW SECTION.  Sec. 31   (1) Sections 5, 7, 11, 12, 13, 16, 20, and 29 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, 8, 10, and 15 of this act take effect January 1, 2006.

--- END ---