5743-SAMSMULLS2320.1SSB 5743S AMD49By Senator MullikenNOT ADOPTED 03/07/2005 Strike everything after the enacting clause and insert thefollowing:NEW SECTION.Sec. A new section is added to chapter 29A.08RCW to read as follows: In order to vote at any election or primary, whether at a pollingplace or by absentee or mail ballot, a person must have registered tovote at least thirty days before the election or primary, regardless ofthe person's status as an absentee, mail ballot, outofstate,overseas, or service voter.Sec. RCW 29A.04.103 and 2003 c 111 s 118 are each amended toread as follows: "Outofstate voter" means any ((elector)) registered voter of thestate of Washington outside the state but not outside the territoriallimits of the United States or the District of Columbia.Sec. RCW 29A.04.109 and 2003 c 111 s 119 are each amended toread as follows: "Overseas voter" means any ((elector)) registered voter of thestate of Washington outside the territorial limits of the United Statesor the District of Columbia.Sec. RCW 29A.04.163 and 2003 c 111 s 127 are each amended toread as follows: "Service voter" means any ((elector)) registered voter of the stateof Washington who is a member of the armed forces under 42 U.S.C. Sec.1973 ff6 while in active service, is a student or member of thefaculty at a United States military academy, is a member of themerchant marine of the United States, is a program participant as 1 defined in RCW 40.24.020, or is a member of a religious group orwelfare agency officially attached to and serving with the armed forcesof the United States.Sec. RCW 29A.08.010 and 2003 c 111 s 201 are each amended toread as follows: As used in this chapter: "Information required for voterregistration" or "required information" means the minimum informationprovided on a voter registration application that is required by thecounty auditor in order to place a voter registration applicant on thevoter registration rolls. This information includes proof that theapplicant is a United States citizen, the applicant's name, ((completeresidence)) residential address, date of birth, and a signatureattesting to the truth of the information provided on the application.Proof of citizenship is not required if an applicant is transferringhis or her voter registration within a county or between counties inthis state. All other information supplied is ancillary and not to beused as grounds for not registering an applicant to vote.Sec. RCW 29A.08.010 and 2004 c 267 s 102 are each amended toread as follows: As used in this chapter: "Information required for voterregistration" or "required information" means the minimum informationprovided on a voter registration application that is required by thecounty auditor in order to place a voter registration applicant on thevoter registration rolls. This information includes proof that theapplicant is a United States citizen, the applicant's name, ((completeresidence)) residential address, date of birth, Washington statedriver's license number, Washington state identification card, or thelast four digits of the applicant's social security number, and asignature attesting to the truth of the information provided on theapplication((, and a check or indication in the box confirming theindividual is a United States citizen)). If the individual does nothave a driver's license, state identification card, or Social Securitynumber the registrant must be issued a unique voter registration number((and)) in order to be placed on the voter registration rolls. Allother information supplied is ancillary and not to be used as groundsfor not registering an applicant to vote. Modification of the language 2 of the official Washington state voter registration form by the voterwill not be accepted and will cause the rejection of the registrant'sapplication. Proof of citizenship is not required if an applicant istransferring his or her voter registration within a county or betweencounties in this state.Sec. RCW 29A.08.030 and 2004 c 267 s 104 are each amended toread as follows: The definitions set forth in this section apply throughout thischapter, unless the context clearly requires otherwise. (1) "Verification notice" means a notice sent by the county auditoror secretary of state to a voter registration applicant and is used toverify or collect information about the applicant in order to completethe registration. (2) "Acknowledgement notice" means a notice sent by nonforwardablemail by the county auditor or secretary of state to a registered voterto acknowledge a voter registration transaction, which can includeinitial registration, transfer, or reactivation of an inactiveregistration. An acknowledgement notice may be a voter registrationcard. (3) "Confirmation notice" means a notice sent to a registered voterby first class forwardable mail at the address indicated on the voter'spermanent registration record and to any other address at which thecounty auditor or secretary of state could reasonably expect mail to bereceived by the voter in order to confirm the voter's residenceaddress. The confirmation notice must be designed ((so that the votermay update his or her current residence address)) to include a postageprepaid, preaddressed return form by which the registrant may verifythe address information.Sec. RCW 29A.08.107 and 2004 c 267 s 106 are each amended toread as follows: (1) The secretary of state must review the information provided byeach voter registration applicant to ensure that ((either)) thedriver's license number, state identification card number, or the lastfour digits of the social security number match the informationmaintained by the Washington department of licensing or the socialsecurity administration. If a match cannot be made, the secretary of 3 state or county auditor must correspond with the applicant to ((resolvethe discrepancy)) obtain from the applicant a copy of a current photoidentification, utility bill, bank statement, paycheck, or governmentcheck or another government document that shows the applicant's nameand address. (2) If the applicant fails to respond to any correspondencerequired in this section to confirm information provided on a voterregistration application((,)) within ((thirty)) fortyfive days, the((secretary of state shall forward the application to the appropriatecounty auditor for document storage)) applicant will not be registeredto vote. (3) Only after the secretary of state has confirmed ((that anapplicant's driver's license number or the last four digits of theapplicant's social security number match existing records with theWashington department of licensing or the social securityadministration or determined that the applicant does not have either adriver's license number or social security number)) the applicant'sidentity, as required by subsection (1) of this section, may theapplicant be placed on the official list of registered voters.Sec. RCW 29A.08.110 and 2003 c 111 s 206 are each amended toread as follows: (1) On receipt of an application for voter registration under thischapter, the county auditor shall review the application to determinewhether the information supplied is complete. An application thatcontains proof that the applicant is a United States citizen, theapplicant's name, complete valid residence address, date of birth, andsignature attesting to the truth of the information provided on theapplication is complete. Proof of citizenship is not required if anapplicant is transferring his or her voter registration within a countyor between counties in this state. If it is not complete, the auditorshall promptly mail a verification notice of the deficiency to theapplicant. This verification notice shall require the applicant toprovide the missing information. If the verification notice is notreturned by the applicant or is returned as undeliverable ((the auditorshall not place)), the name of the applicant may not be placed on thecounty voter list. If the applicant provides the required information, 4 the applicant shall be registered to vote as of the date of mailing ofthe original voter registration application. (2) If the information is complete, the applicant is considered tobe registered to vote as of the original date of mailing or date ofdelivery, whichever is applicable. The auditor shall record theappropriate precinct identification, taxing district identification,and date of registration on the voter's record. Within fortyfive daysafter the receipt of an application but no later than seven days beforethe next primary, special election, or general election, the auditorshall send to the applicant, by first class mail, an acknowledgementnotice identifying the registrant's precinct and containing such otherinformation as may be required by the secretary of state. The postalservice shall be instructed not to forward a voter registration card toany other address and to return to the auditor any card which is notdeliverable. If the applicant has indicated that he or she isregistered to vote in another county in Washington but has alsoprovided an address within the auditor's county that is for voterregistration purposes, the auditor shall send, on behalf of theregistrant, a registration cancellation notice to the auditor of thatother county and the auditor receiving the notice shall cancel theregistrant's voter registration in that other county. If theregistrant has indicated on the form that he or she is registered tovote within the county but has provided a new address within the countythat is for voter registration purposes, the auditor shall transfer thevoter's registration. (3) If an acknowledgement notice card is properly mailed asrequired by this section to the address listed by the voter as beingthe voter's mailing address and the notice is subsequently returned tothe auditor by the postal service as being undeliverable to the voterat that address, the auditor shall promptly send the voter aconfirmation notice. The auditor shall place the voter's registrationon inactive status pending a response from the voter to theconfirmation notice.Sec. RCW 29A.08.110 and 2004 c 267 s 107 are each amended toread as follows: (1) On receipt of an application for voter registration, the countyauditor shall review the application to determine whether the 5 information supplied is complete. An application is consideredcomplete only if it contains proof that the applicant is a UnitedStates citizen, the applicant's name, complete valid residence address,date of birth, and signature attesting to the truth of the informationprovided and an indication the license information or social securitynumber has been confirmed by the secretary of state. Proof ofcitizenship is not required if an applicant is transferring his or hervoter registration within a county or between counties in this state. If it is not complete, the auditor shall promptly mail a verificationnotice of the deficiency to the applicant. This verification noticeshall require the applicant to provide the missing information. If theverification notice is not returned by the applicant or is returned asundeliverable ((the auditor shall not place)), the name of theapplicant may not be placed on the county voter list. If the applicantprovides the required verified information, the applicant shall beregistered to vote as of the date of mailing of the original voterregistration application. (2) In order to prevent duplicate registration records, allcomplete voter registration applications must be screened againstexisting voter registration records in the official statewide voterregistration list. If a match of an existing record is found in theofficial list the record must be updated with the new informationprovided on the application. If the new information indicates that thevoter has changed his or her county of residence, the application mustbe forwarded to the voter's new county of residence for processing. Ifthe new information indicates that the voter remains in the same countyof residence or if the applicant is a new voter the application must beprocessed by the county of residence. (3) If the information required in subsection (1) of this sectionis complete, the applicant is considered to be registered to vote as ofthe original date of mailing or date of delivery, whichever isapplicable. The auditor shall record the appropriate precinctidentification, taxing district identification, and date ofregistration on the voter's record in the state voter registrationlist. Within fortyfive days after the receipt of an application butno later than seven days before the next primary, special election, orgeneral election, the auditor shall send to the applicant, by firstclass mail, an acknowledgement notice identifying the registrant's 6 precinct and containing such other information as may be required bythe secretary of state. The postal service shall be instructed not toforward a voter registration card to any other address and to return tothe auditor any card which is not deliverable. If the registrant hasindicated on the form that he or she is registered to vote within thecounty but has provided a new address within the county that is forvoter registration purposes, the auditor shall transfer the voter'sregistration. (4) If an acknowledgement notice card is properly mailed asrequired by this section to the address listed by the voter as beingthe voter's mailing address and the notice is subsequently returned tothe auditor by the postal service as being undeliverable to the voterat that address, the auditor shall promptly send the voter aconfirmation notice. The auditor shall place the voter's registrationon inactive status pending a response from the voter to theconfirmation notice.NEW SECTION.Sec. A new section is added to chapter 29A.08RCW to read as follows: No person registering to vote, who meets all the qualifications ofa registered voter in the state of Washington, may be disqualifiedbecause of a nontraditional address being used as a residence address.Voters using such an address will be registered and assigned to aprecinct based on the location provided. Voters without a traditionaladdress will be registered at the county courthouse, city hall, orother public building near the area that the voter considers his or herresidence. Registering at a nontraditional address will not disqualifya voter from requesting ongoing absentee voter status if the voterdesignates a valid mailing address. For the purposes of this section, "nontraditional address" includesshelters, parks, or other identifiable locations that the voter deemsto be his or her residence.Sec. RCW 29A.08.115 and 2004 c 267 s 108 are each amended toread as follows: A person or organization collecting voter registration applicationforms must transmit the forms to the secretary of state or a 7 ((designee)) county auditor at least once weekly. The registrationdate on such forms will be the date they are received by the secretaryof state or county auditor.Sec. RCW 29A.08.140 and 2003 c 111 s 212 are each amended toread as follows: The registration files of all precincts shall be closed againstoriginal registration or transfers for thirty days immediatelypreceding every primary, special election, and general election to beheld in such precincts. The county auditor shall give notice of the closing of the precinctfiles for original registration and transfer ((and notice of thespecial registration and voting procedure provided by RCW 29A.08.145))by one publication in a newspaper of general circulation in the countyat least five days before the closing of the precinct files. No person may vote at any primary, special election, or generalelection in a precinct polling place unless he or she has registered tovote at least thirty days before that primary or election. ((If aperson, otherwise qualified to vote in the state, county, and precinctin which he or she applies for registration, does not register at leastthirty days before any primary, special election, or general election,he or she may register and vote by absentee ballot for that primary orelection under RCW 29A.08.145.))Sec. RCW 29A.08.140 and 2004 c 267 s 112 are each amended toread as follows: The registration files of all precincts shall be closed againstoriginal registration or transfers for thirty days immediatelypreceding every primary, special election, and general election to beheld in such precincts. The county auditor shall give notice of the closing of the precinctfiles for original registration and transfer ((and notice of thespecial registration and voting procedure provided by RCW 29A.08.145))by one publication in a newspaper of general circulation in the countyat least five days before the closing of the precinct files. No person may vote at any primary, special election, or generalelection in a precinct polling place unless he or she has registered tovote at least thirty days before that primary or election and appears 8 on the official statewide voter registration list. ((If a person,otherwise qualified to vote in the state, county, and precinct in whichhe or she applies for registration, does not register at least thirtydays before any primary, special election, or general election, he orshe may register and vote by absentee ballot for that primary orelection under RCW 29A.08.145.))Sec. RCW 29A.08.145 and 2004 c 267 s 113 are each amended toread as follows: This section establishes a special procedure which an elector mayuse to register to vote or transfer a voter registration by changinghis or her address during the period beginning after the closing ofregistration for voting at the polls under RCW 29A.08.140 and ending onthe fifteenth day before a primary, special election, or generalelection. A qualified elector in the state may register to vote orchange his or her registration address in person in the office of thecounty auditor of the county in which the applicant resides, or at avoter registration location specifically designated for this purpose bythe ((county auditor of the county in which the applicant resides))secretary of state, and apply for an absentee ballot for that primaryor election. The auditor or registration assistant shall register thatindividual in the manner provided in this chapter. The application foran absentee ballot executed by the newly registered or transferredvoter for the primary or election that follows the execution of theregistration shall be promptly transmitted to the auditor with thecompleted voter registration form.Sec. RCW 29A.08.210 and 2003 c 111 s 216 are each amended toread as follows: (1) An applicant for voter registration shall complete anapplication providing the following information concerning his or herqualifications 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 asa voter in the state; (((2))) (c) The applicant's full name; (((3))) (d) The applicant's date of birth; 9 (((4))) (e) The address of the applicant's residence for votingpurposes; (((5))) (f) The mailing address of the applicant if that address isnot the same as the address in (e) of this subsection (((4) of thissection)); (((6))) (g) The sex of the applicant; (((7) A declaration that the applicant is a citizen of the UnitedStates; (8))) (h) The applicant's Washington state driver's license number,Washington state identification card number, or the last four digits ofthe applicant's Social Security number; (i) The applicant's signature; and (((9))) (j) Any other information that the secretary of statedetermines is necessary to establish the identity of the applicant andprevent duplicate or fraudulent voter registrations. This information shall be recorded on a single registration form tobe prescribed by the secretary of state. If the applicant fails to provide the information required forvoter registration, the auditor shall send the applicant a verificationnotice. The auditor shall not register the applicant until therequired information is provided. If a verification notice is returnedas undeliverable or the applicant fails to respond to the notice withinfortyfive days, the auditor shall not register the applicant to vote. (2) The applicant shall sign and attest to the followingdeclaration: "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 civilrights as a result of being convicted of a felony, I will have lived inWashington at this address for thirty days before the next election atwhich I vote, and I will be at least eighteen years old when I vote." (3) The following warning shall appear in a conspicuous place onthe voter registration form: "If you knowingly provide false information on this voterregistration form or knowingly make a false declaration about yourqualifications for voter registration you will have committed a classC felony that is punishable by imprisonment for up to five years, or bya fine of up to ten thousand dollars, or both imprisonment and fine." 10 Sec. RCW 29A.08.220 and 2004 c 267 s 115 are each amended toread as follows: (1) The secretary of state shall specify by rule the format of allvoter registration applications. These applications shall becompatible with existing voter registration records. An applicant forvoter registration shall be required to complete only one applicationand to provide the required information other than his or her signatureno more than one time. If an applicant transfers his or her voterregistration within a county or between counties of this state, he orshe is not required to provide proof of citizenship. Theseapplications shall also contain information for the voter to transferhis or her registration. Any application format specified by the secretary for use inregistering to vote in state and local elections shall satisfy therequirements of the National Voter Registration Act of 1993 (P.L. 10331) and the Help America Vote Act of 2002 (P.L. 107252) forregistering to vote in federal elections. (2) All registration applications required under RCW 29A.08.210 and29A.08.340 shall be produced and furnished by the secretary of state tothe county auditors and the department of licensing.Sec. RCW 29A.08.250 and 2004 c 267 s 117 are each amended toread as follows: The secretary of state shall furnish registration forms necessaryto carry out the registration of voters as provided by this chapterwithout cost to the respective counties. All voter registration formsmust include clear and conspicuous language, designed to draw anapplicant's attention, stating that the applicant must ((be)) provideproof that the applicant is a United States citizen in order toregister to vote. Voter registration application forms must alsocontain a space for the applicant to provide his or her driver'slicense number or the last four digits of his or her social securitynumber as well as check boxes intended to allow the voter to indicateage and United States citizenship ((eligibility)) under the HelpAmerica Vote Act of 2002 (P.L. 107252).Sec. RCW 29A.08.520 and 2003 c 111 s 233 are each amended toread as follows: 11 (1) Upon receiving official notice of a person's conviction of afelony in either state or federal court, if the convicted person is aregistered voter in the county, the county auditor shall cancel thedefendant's voter registration. Additionally, the secretary of statein conjunction with the department of corrections and the Washingtonstate patrol shall arrange for a monthly comparison of any lists ofknown felons maintained by the department of corrections and theWashington state patrol with the statewide voter registration list. Ifa person is found on the department of corrections felon list or theWashington state patrol felon list and the statewide voter registrationlist, the secretary of state or county auditor shall confirm the matchthrough a date of birth comparison and immediately cancel the voterregistration from the official state voter registration list. Thecanceling authority shall send notice of the proposed cancellation tothe person at his or her last known voter registration address. (2) Felons who have been granted a certificate of discharge by acourt shall provide a certified copy of the certificate of discharge tothe department of corrections and the Washington state patrol withinthirty days from the day the court grants the certificate, and shallprovide a certified copy of their certificate of discharge to theelections officer at the time they register to vote.Sec. RCW 29A.08.520 and 2004 c 267 s 126 are each amended toread as follows: (1) Upon receiving official notice of a person's conviction of afelony in either state or federal court, if the convicted person is aregistered voter in the county, the county auditor shall cancel thedefendant's voter registration. Additionally, the secretary of statein conjunction with the department of corrections and the Washingtonstate patrol shall arrange for a ((periodic)) monthly comparison of((a)) any lists of known felons maintained by the department ofcorrections and the Washington state patrol with the statewide voterregistration list. If a person is found on the department ofcorrections felon list or the Washington state patrol felon list andthe statewide voter registration list, the secretary of state or countyauditor shall confirm the match through a date of birth comparison andimmediately cancel the voter registration from the official state voter 12 registration list. The canceling authority shall send notice of theproposed cancellation to the person at his or her last known voterregistration address. (2) Felons who have been granted a certificate of discharge by acourt shall provide a certified copy of the certificate of discharge tothe department of corrections and the Washington state patrol withinthirty days from the day the court grants the certificate, and shallprovide a certified copy of their certificate of discharge to theelections officer at the time they register to vote.NEW SECTION.Sec. A new section is added to chapter 29A.08RCW to read as follows: A person may prove that he or she is a United States citizen withan original or copy of any one of the following: (1) A United States passport; (2) A certified birth certificate issued by the city, county, orstate. A certified birth certificate has a registrar's raised,embossed, impressed, or multicolored seal, registrar's signature, andthe date the certificate was filed with the registrar's office, whichmust 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.Sec. RCW 29A.08.651 and 2004 c 267 s 101 are each amended toread as follows: (1) The office of the secretary of state shall create and maintaina statewide voter registration data base. This data base must be asingle, uniform, official, centralized, interactive computerizedstatewide voter registration list defined, maintained, and administeredat the state level that contains the name and registration informationof every legally registered voter in the state and assigns a uniqueidentifier to each legally registered voter in the state. (2) The computerized list must serve as the single system forstoring and maintaining the official list of registered votersthroughout the state. (3) The computerized list must contain the name and registrationinformation of every legally registered voter in the state. 13 (4) Under the computerized list, a unique identifier is assigned toeach legally registered voter in the state. (5) The computerized list must be coordinated with other agencydata bases within the state, including but not limited to thedepartment of corrections, the department of licensing, ((and)) thedepartment of health, the Washington state patrol, and the office ofthe administrator for the courts. (6) Any election officer in the state, including any local electionofficer, may obtain immediate electronic access to the informationcontained in the computerized list. (7) All voter registration information obtained by any localelection officer in the state must be electronically entered into thecomputerized list on an expedited basis at the time the information isprovided to the local officer. (8) The chief state election officer shall provide support, as maybe required, so that local election officers are able to enterinformation as described in subsection (3) of this section. (9) The computerized list serves as the official voter registrationlist for the conduct of all elections. (10) The secretary of state has data authority on all voterregistration data. (11) The voter registration data base must be designed toaccomplish at a minimum, the following: (a) Comply with the Help America Vote Act of 2002 (P.L. 107252); (b) Identify duplicate voter registrations; (c) Identify suspected duplicate voters; (d) Screen against the department of corrections, the Washingtonstate patrol, and other appropriate state agency data bases to aid inthe cancellation of voter registration of felons; (e) Provide uptodate signatures of voters for the purposes ofinitiative signature checking; (f) Provide for a comparison between the voter registration database and the department of licensing change of address data base; (g) Provide online access for county auditors with the goal of realtime duplicate checking and update capabilities; and (h) Provide for the cancellation of voter registration for personswho have moved to other states and surrendered their Washington statedrivers' licenses. 14 NEW SECTION.Sec. A new section is added to chapter 29A.08RCW to read as follows: In addition to any legal obligations of local election officers,the secretary of state in conjunction with the department of healthshall arrange for a monthly comparison of any lists of known deathsmaintained by the department of health with the statewide voterregistration list. If a person is found on the department of healthdeath list and the statewide voter registration list, the secretary ofstate or county auditor shall immediately cancel the voter registrationfrom the official state voter registration list.NEW SECTION.Sec. A new section is added to chapter 29A.08RCW 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 forthe courts shall arrange for a monthly comparison of any lists ofpersons known to have been declared mentally incompetent and unable tovote or placed under the care of a full guardianship due to theirmental capacity. If a person is found on the department of health, thedepartment of social and health services, or the administrator for thecourts lists and the statewide voter registration list, the secretaryof state or county auditor shall immediately cancel the voterregistration from the official state voter registration list. The administrator for the courts shall collect and maintain a listof all judicial determinations of full guardianship under RCW 11.88.010and other cases where the court has ordered someone unable to vote.NEW SECTION.Sec. A new section is added to chapter 29A.08RCW to read as follows: In addition to any legal obligations of local election officers,the secretary of state in conjunction with local election officersshall make at a minimum a monthly comparison of names on the statewidevoter registration list, and if a person is found registered more thanonce on the statewide voter registration list, the secretary of stateor county auditor shall immediately cancel all voter registrations forthat voter in excess of one from the official state voter registrationlist. 15 Sec. RCW 29A.08.775 and 2004 c 267 s 136 are each amended toread as follows: Only voters who appear on the official statewide voter registrationlist are eligible to participate in elections. Each county shallmaintain a copy of that county's portion of the state list. The countymust ensure that data used for the production of poll lists and otherlists and mailings done in the administration of each election are((drawn from)) the same as the official statewide voter registrationlist.Sec. RCW 46.20.155 and 2004 c 249 s 7 are each amended to readas follows: (1) Before issuing an original license or identicard or renewing alicense or identicard under this chapter, the licensing agent shalldetermine if the applicant wants to register to vote or transfer his orher voter registration by asking the following question: "Do you want to register to vote or transfer your voterregistration?" (2) If the applicant chooses to register or transfer aregistration, the agent shall ((state)) make the following statementand ask the applicant the following questions: "((I would like to remind you that)) You must be a United Statescitizen and at least eighteen years of age in order to vote. Are youa United States citizen? Are you at least eighteen years of age?" (3) If the applicant responds in the affirmative that he or she isa United States citizen, and that he or she is at least eighteen yearsof age, the agent shall then provide the applicant with a voterregistration form and instructions and shall record that the applicanthas requested to register to vote or transfer a voter registration. (((2))) (4) The department shall establish a procedure thatsubstantially meets the requirements of subsections (1) and (2) of thissection when permitting an applicant to renew a license or identicardby mail or by electronic commerce.Sec. RCW 29A.40.020 and 2003 c 111 s 1002 are each amended toread as follows: (1) Except as otherwise provided by law, a registered voter or out 16 ofstate voter, overseas voter, or service voter desiring to cast anabsentee ballot at a single election or primary must request theabsentee ballot from his or her county auditor no earlier than ninetydays nor later than the day before the election or primary at which theperson seeks to vote. Except as otherwise provided by law, the requestmay be made orally in person, by telephone, electronically, or inwriting. An application or request for an absentee ballot made underthe authority of a federal statute or regulation will be considered andgiven the same effect as a request for an absentee ballot under thischapter. (2) A voter requesting an absentee ballot for a primary may alsorequest an absentee ballot for the following general election. Arequest by an outofstate voter, overseas voter, or service voter foran absentee ballot for a primary election will be considered as arequest for an absentee ballot for the following general election. (3) In requesting an absentee ballot, the voter shall state theaddress to which the absentee ballot should be sent. A request for anabsentee ballot from an outofstate voter, overseas voter, or servicevoter must include the address of the last residence in the state ofWashington ((and either a written application or the oath on the returnenvelope must include a declaration of the other qualifications of theapplicant as an elector of this state)). A request for an absenteeballot from any other voter must state the address at which that voteris currently registered to vote in the state of Washington or thecounty auditor shall verify that information from the voterregistration records of the county. (4) A request for an absentee ballot from a registered voter who iswithin this state must be made directly to the auditor of the county inwhich the voter is registered. An absentee ballot request from aregistered voter who is temporarily outside this state or from an outofstate voter, overseas voter, or service voter may be made either tothe appropriate county auditor or to the secretary of state, who shallpromptly forward the request to the appropriate county auditor. (5) No person, organization, or association may distribute absenteeballot applications within this state that contain a return addressother than that of the appropriate county auditor. 17 Sec. RCW 29A.40.091 and 2004 c 271 s 135 are each amended toread as follows: The county auditor shall send each absentee voter a ballot, asecurity envelope in which to seal the ballot after voting, a largerenvelope in which to return the security envelope, and instructions onhow to mark the ballot and how to return it to the county auditor. Theinstructions that accompany an absentee ballot for a partisan primarymust include instructions for voting the applicable ballot style, asprovided in chapter 29A.36 RCW. The larger return envelope mustcontain a declaration by the absentee voter reciting his or herqualifications and stating that he or she has not voted in any otherjurisdiction at this election, together with a summary of the penaltiesfor any violation of any of the provisions of this chapter. The returnenvelope must provide space for the voter to indicate the date on whichthe ballot was voted and for the voter to sign the oath. A summary ofthe applicable penalty provisions of this chapter must be printed onthe return envelope immediately adjacent to the space for the voter'ssignature. The signature of the voter on the return envelope mustaffirm and attest to the statements regarding the qualifications ofthat voter and to the validity of the ballot. ((For outofstatevoters, overseas voters, and service voters, the signed declaration onthe return envelope constitutes the equivalent of a voter registrationfor the election or primary for which the ballot has been issued.))The voter must be instructed to either return the ballot to the countyauditor by whom it was issued or attach sufficient first class postage,if applicable, and mail the ballot to the appropriate county auditor nolater than the day of the election or primary for which the ballot wasissued. If the county auditor chooses to forward absentee ballots, he orshe must include with the ballot a clear explanation of thequalifications necessary to vote in that election and must also advisea voter with questions about his or her eligibility to contact thecounty auditor. This explanation may be provided on the ballotenvelope, on an enclosed insert, or printed directly on the ballotitself. If the information is not included, the envelope must clearlyindicate that the ballot is not to be forwarded and that return postageis guaranteed. 18 NEW SECTION.Sec. A new section is added to chapter 29A.84RCW to read as follows: The secretary of state and the appropriate county auditor shallrefer all cases of violations of the following statutes that theydiscover 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 werereferred shall submit to the secretary of state a list of all suchreferrals, the basis of the referrals, and the final disposition of thereferrals.Sec. RCW 29A.84.110 and 2003 c 111 s 2105 are each amended toread as follows: If any county auditor or registration assistant: (1) Willfully neglects or refuses to perform any duty required bylaw in connection with the registration of voters; or (2) Willfully neglects or refuses to perform such duty in themanner required by voter registration law; or (3) Enters or causes or permits to be entered on the voterregistration records the name of any person in any other manner or atany other time than as prescribed by voter registration law or entersor causes or permits to be entered on such records the name of anyperson not entitled to be thereon; or (4) Destroys, mutilates, conceals, changes, or alters anyregistration record in connection therewith except as authorized byvoter registration law,he or she is guilty of a ((gross misdemeanor punishable to the sameextent as a gross misdemeanor that is)) class C felony punishable underRCW 9A.20.021.Sec. RCW 29A.84.140 and 2003 c 111 s 2108 are each amended toread as follows: A person who knows that he or she does not possess the legalqualifications of a voter and who registers to vote is guilty of a((misdemeanor)) class C felony punishable under RCW 9A.20.021.Sec. RCW 29A.84.650 and 2003 c 111 s 2131 are each amended toread as follows: 19 Any person who votes or attempts to vote more than once at anyprimary or general or special election is guilty of a ((grossmisdemeanor, punishable to the same extent as a gross misdemeanor thatis)) class C felony punishable under RCW 9A.20.021.Sec. RCW 29A.84.670 and 2003 c 111 s 2134 and 2003 c 53 s 181are 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 electionofficer having charge of the ballots; (b) Vote or offer to vote any ballot except one received from theelection officer having charge of the ballots; (c) Fail to return to the election officers any ballot receivedfrom an election officer. (2) A violation of this section is a gross misdemeanor, punishable((by a fine not exceeding one hundred dollars, plus costs ofprosecution)) under RCW 9A.20.021.Sec. RCW 9.94A.515 and 2004 c 176 s 2 and 2004 c 94 s 3 areeach reenacted and amended to read as follows: TABLE 2
CRIMES INCLUDED WITHINEACH 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))
20 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 RunDeath (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)
21 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)
Driveby 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))
22 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)
23 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)
24 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 RunInjury (RCW 46.52.020(4)(b))
Hit and Run with VesselInjury 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))
25 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)
26 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 ShortBarreled 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)
27 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 Leasepurchased 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)
28 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 Leasepurchased 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)
29 NEW SECTION.Sec. The following acts or parts of acts areeach repealed: RCW 29A.08.145 (Late registrationSpecial procedure) and 2004c 267 s 113, 2003 c 111 s 213, & 1993 c 383 s 1; RCW 29A.08.155 (Payment for maintenance of electronic records)and 2004 c 267 s 114 & 2003 c 111 s 215; and RCW 29A.08.230 (Oath of applicant) and 2003 c 111 s 218, 1994c 57 s 12, 1990 c 143 s 8, 1973 1st ex.s. c 21 s 4, 1971 ex.s. c 202 s10, & 1965 c 9 s 29.07.080.NEW SECTION.Sec. Sections 5, 9, 13, and 19 of this actexpire January 1, 2006.NEW SECTION.Sec. (1) Sections 5, 9, 16, 17, 18, 21, 27, and36 of this act are necessary for the immediate preservation of thepublic peace, health, or safety, or support of the state government andits existing public institutions, and take effect July 1, 2005. (2) Sections 6, 10, 14, and 20 of this act take effect January 1,2006.SSB 5743S AMD49By Senator MullikenNOT ADOPTED 03/07/2005 In line 1 of the title, after procedures; strike the remainder ofthe title and insert amending RCW 29A.04.103, 29A.04.109, 29A.04.163,29A.08.010, 29A.08.010, 29A.08.030, 29A.08.107, 29A.08.110, 29A.08.110,29A.08.115, 29A.08.140, 29A.08.140, 29A.08.145, 29A.08.210, 29A.08.220,29A.08.250, 29A.08.520, 29A.08.520, 29A.08.651, 29A.08.775, 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 newsections to chapter 29A.08 RCW; adding a new section to chapter 29A.84RCW; repealing RCW 29A.08.145, 29A.08.155, and 29A.08.230; prescribingpenalties; providing effective dates; providing an expiration date; anddeclaring an emergency.--- END --- 30