BILL REQ. #:  S-4841.2 

READ FIRST TIME 02/03/06.   

     AN ACT Relating to remedies for improper challenges to a voter's registration; adding a new section to chapter 29A.08 RCW; and prescribing penalties.

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:
     (1) The canvassing board may issue notice of a class 1 civil infraction under chapter 7.80 RCW to any person challenging the registration of another if the canvassing board determines that the challenger: (a) Failed to exercise reasonable diligence in determining the accuracy of the allegations on which the challenge is based; (b) failed to base the challenge on his or her personal knowledge; (c) who in issuing the challenge, primarily considered the voter's political belief, political activity, or any characteristic protected by the law against discrimination under chapter 49.60 RCW; or (d) issued a challenge in bad faith or in an effort to intimidate, harass, or otherwise deter a properly registered voter from voting.
     (2) A voter whose registration has been challenged by another registered voter is entitled to recover from the challenging voter actual attorneys' fees incurred in opposing the challenge if the challenge is rejected by the canvassing board or county auditor.