BILL REQ. #: S-0482.1
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/16/09. Referred to Committee on Government Operations & Elections.
AN ACT Relating to voter registration; amending RCW 29A.04.103, 29A.04.109, 29A.04.163, 29A.08.010, 29A.08.110, 46.20.155, 29A.08.140, 29A.08.210, 29A.08.220, 29A.08.520, 29A.08.651, and 29A.84.110; reenacting and amending RCW 9.94A.515; adding new sections to chapter 29A.08 RCW; adding new sections to chapter 29A.84 RCW; repealing RCW 29A.08.145 and 29A.84.670; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 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. 2 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. 3 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. 4 RCW 29A.08.010 and 2006 c 320 s 2 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:
(1) Name;
(2) Residential address;
(3) Date of birth and proof that the applicant will be over
eighteen at the next election;
(4) Washington state driver's license number or Washington state
identification card number, or the last four digits of the applicant's
Social Security number if the applicant does not have a Washington
state driver's license or Washington state identification card;
(5) A signature attesting to the truth of the information provided
on the application; and
(6) ((A check or indication in the box confirming the individual))
Proof that the applicant is a United States citizen.
The residential address provided must identify the actual physical
residence of the voter in Washington, as defined in RCW 29A.04.151,
with detail sufficient to allow the voter to be assigned to the proper
precinct and to locate the voter to confirm his or her residence for
purposes of verifying qualification to vote under Article VI, section
1 of the state Constitution. A residential address may be either a
traditional address or a nontraditional address. A traditional address
consists of a street number and name, optional apartment number or unit
number, and city or town, as assigned by a local government, which
serves to identify the parcel or building of residence and the unit if
a multiunit residence. A nontraditional address consists of a
narrative description of the location of the voter's residence, and may
be used when a traditional address has not been assigned to the voter's
residence. If the postal service does not deliver mail to the voter's
residential address, or the voter prefers to receive mail at a
different address, the voter may separately provide the mailing address
at which they receive mail. Any mailing address provided shall be used
only for mail delivery purposes and not for precinct assignment or
confirmation of residence for voter qualification purposes.
If the individual does not have a driver's license, state
identification card, or Social Security number, the registrant must be
issued a unique voter registration number in order to be 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. 5 RCW 29A.08.110 and 2005 c 246 s 5 are each amended to read
as follows:
(1) An application is considered complete only if it contains the
applicant's name, complete valid residence address, date of birth and
proof that the applicant will be over eighteen at the next election,
signature attesting to the truth of the information provided, ((a mark
in the check-off box confirming United States citizenship)) proof that
the applicant is a United States citizen, and an indication that the
provided driver's license number, state identification card number, 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 within forty-five days or is returned as undeliverable, the
name of the applicant shall not be placed on the official list of
registered voters. If the applicant provides the required verified
information, the applicant shall be registered to vote as of the
original date of mailing or date of delivery, whichever is applicable.
(2) If the information required in subsection (1) of this section
is complete, the applicant is considered to be registered to vote as of
the original date of mailing or date of delivery, whichever is
applicable. 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.
(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.
NEW SECTION. Sec. 6 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.
Sec. 7 RCW 46.20.155 and 2005 c 246 s 24 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?"
If the applicant chooses to register or transfer a registration,
the agent shall make the following statement and ask the applicant the
following questions:
(1) "You must be a United States citizen and at least eighteen
years of age in order to vote."
(2) "Are you a United States citizen?"
(((2))) (3) "Are you or will you be eighteen years of age on or
before the next election?"
If the applicant answers in the affirmative to both questions, 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. If the applicant
answers in the negative to either question, the agent shall not provide
the applicant with a voter registration form.
(2) The department shall establish a procedure that substantially
meets the requirements of subsection (1) of this section when
permitting an applicant to renew a license or identicard by mail or by
electronic commerce.
Sec. 8 RCW 29A.08.140 and 2006 c 97 s 1 are each amended to read
as follows:
The registration files of all precincts shall be closed against
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 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.))
NEW SECTION. Sec. 9 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. 10 RCW 29A.08.210 and 2005 c 246 s 11 are each amended to
read as follows:
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) The address of the last former registration of the applicant as
a voter in the state;
(2) The applicant's full name;
(3) The applicant's date of birth;
(4) The address of the applicant's residence for voting purposes;
(5) The mailing address of the applicant if that address is not the
same as the address in subsection (4) of this section;
(6) The sex of the applicant;
(7) The applicant's Washington state driver's license number or
Washington state identification card number, or the last four digits of
the applicant's Social Security number if he or she does not have a
Washington state driver's license or Washington state identification
card;
(8) A check box for the applicant to indicate that he or she does
not have a Washington state driver's license, Washington state
identification card, or Social Security number;
(9) A check box allowing the applicant to indicate that he or she
is a member of the armed forces, national guard, or reserves, or that
he or she is an overseas voter;
(10) ((A check box allowing the applicant to confirm)) Proof that
he or she is at least eighteen years of age;
(11) Clear and conspicuous language, designed to draw the
applicant's attention, stating that the applicant must be a United
States citizen in order to register to vote;
(12) ((A check box and declaration confirming)) Proof that the
applicant is a citizen of the United States;
(13) The following warning:
"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, a
fine of up to ten thousand dollars, or both."
(14) The following affirmation by the applicant:
"By signing this document, I hereby assert, under penalty of
perjury, that I am legally eligible to vote. If I am found to have
voted illegally, I may be prosecuted and/or fined for this illegal act.
In addition, I hereby acknowledge that my name and last known address
will be forwarded to the appropriate state and/or federal authorities
if I am found to have voted illegally."
(15) The oath required by RCW 29A.08.230 and a space for the
applicant's signature; and
(16) 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 applicant may not be registered 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 applicant shall not be registered to vote.
Sec. 11 RCW 29A.08.220 and 2004 c 267 s 115 are each amended to
read as follows:
(1) The secretary of state shall specify by rule the format of all
voter registration applications. These applications shall be
compatible with existing voter registration records. An applicant for
voter registration shall be required to complete only one application
and to provide the required information other than his or her signature
no more than one time. If an applicant transfers his or her voter
registration within a county or between counties of this state, he or
she is not required to provide proof of citizenship. These
applications shall also contain information for the voter to transfer
his or her registration.
Any application format specified by the secretary for use in
registering to vote in state and local elections shall satisfy the
requirements of the National Voter Registration Act of 1993 (P.L. 103-31) and the Help America Vote Act of 2002 (P.L. 107-252) for
registering to vote in federal elections.
(2) All registration applications required under RCW 29A.08.210 and
29A.08.340 shall be produced and furnished by the secretary of state to
the county auditors and the department of licensing.
Sec. 12 RCW 29A.08.520 and 2005 c 246 s 15 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, the Washington state
patrol, the office of the administrator for the courts, and other
appropriate state agencies shall arrange for a ((quarterly)) monthly
comparison of a list of known felons with the statewide voter
registration list. If a person is found on a 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 suspend the voter registration from the official state
voter registration list. The canceling authority shall send to the
person at his or her last known voter registration address a notice of
the proposed cancellation and an explanation of the requirements for
restoring the right to vote once all terms of sentencing have been
completed. If the person does not respond within thirty days, the
registration must be canceled.
(2) The right to vote may be restored by, for each felony
conviction, one of the following:
(a) A certificate of discharge issued by the sentencing court, as
provided in RCW 9.94A.637;
(b) A court order restoring the right, as provided in RCW 9.92.066;
(c) A final order of discharge issued by the indeterminate sentence
review board, as provided in RCW 9.96.050; or
(d) A certificate of restoration issued by the governor, as
provided in RCW 9.96.020.
(3) 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. 13 RCW 29A.08.651 and 2005 c 246 s 16 are each amended to
read as follows:
(1) The office of the secretary of state shall create and maintain
a statewide voter registration data base. This data base must be a
single, uniform, official, centralized, interactive computerized
statewide voter registration list defined, maintained, and administered
at the state level that contains the name and registration information
of every legally registered voter in the state and assigns a unique
identifier to each legally registered voter in the state.
(2) The computerized list must serve as the single system for
storing and maintaining the official list of registered voters
throughout the state.
(3) The computerized list must contain the name and registration
information of every legally registered voter in the state.
(4) Under the computerized list, a unique identifier is assigned to
each legally registered voter in the state.
(5) The computerized list must be coordinated with other agency
data bases within the state, including but not limited to the
department of corrections, the department of licensing, the department
of health, the Washington state patrol, and the office of the
administrator for the courts. The computerized list may also be
coordinated with the data bases of election officials in other states.
(6) Any election officer in the state, including any local election
officer, may obtain immediate electronic access to the information
contained in the computerized list.
(7) All voter registration information obtained by any local
election officer in the state must be electronically entered into the
computerized list on an expedited basis at the time the information is
provided to the local officer.
(8) The chief state election officer shall provide support, as may
be required, so that local election officers are able to enter
information as described in subsection (3) of this section.
(9) The computerized list serves as the official voter registration
list for the conduct of all elections.
(10) The secretary of state has data authority on all voter
registration data.
(11) The voter registration data base must be designed to
accomplish at a minimum, the following:
(a) Comply with the Help America Vote Act of 2002 (P.L. 107-252);
(b) Identify duplicate voter registrations;
(c) Identify suspected duplicate voters;
(d) Screen against the department of corrections, the Washington
state patrol, and other appropriate state agency data bases to aid in
the cancellation of voter registration of felons, of persons who have
declined to serve on juries by virtue of not being citizens of the
United States, and of persons determined to be legally incompetent to
vote;
(e) Provide up-to-date signatures of voters for the purposes of
initiative signature checking;
(f) Provide for a comparison between the voter registration data
base and the department of licensing change of address data base;
(g) Provide online access for county auditors with the goal of real
time duplicate checking and update capabilities; and
(h) Provide for the cancellation of voter registration for persons
who have moved to other states and surrendered their Washington state
drivers' licenses.
(12) In order to maintain the statewide voter registration data
base, the secretary of state may, upon agreement with other appropriate
jurisdictions, screen against data bases maintained by election
officials in other states and data bases maintained by federal agencies
including, but not limited to, the federal bureau of investigation, the
federal court system, the federal bureau of prisons, and the bureau of
citizenship and immigration services.
(13) The secretary of state shall retain information regarding
previous successful appeals of proposed cancellations of registrations
in order to avoid repeated cancellations for the same reason.
(14) The secretary of state must review and update the records of
all registered voters on the computerized list on a ((quarterly))
monthly basis to make additions and corrections.
NEW SECTION. Sec. 14 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, and
29A.84.680, and section 16 of this act. 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. 15 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 punishable under RCW 9A.20.021))
class C felony.
NEW SECTION. Sec. 16 A new section is added to chapter 29A.84
RCW 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 officer any ballot received from
an election officer.
(2) A violation of this section is a gross misdemeanor, punishable
under RCW 9A.20.021.
Sec. 17 RCW 9.94A.515 and 2008 c 108 s 23 and 2008 c 38 s 1 are
each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| Criminal Mistreatment 1 (RCW 9A.42.020) | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| Voter registration violation by election official (RCW 29A.84.110) | ||
| II | ||
| Repeat voting (RCW 29A.84.650(1)) | ||
| Unqualified voter registration (RCW 29A.84.140) | ||
| I | ||
NEW SECTION. Sec. 18 The following acts or parts of acts are
each repealed:
(1) RCW 29A.08.145 (Late registration -- Special procedure) and 2006
c 97 s 2, 2005 c 246 s 10, 2004 c 267 s 113, 2003 c 111 s 213, & 1993
c 383 s 1; and
(2) RCW 29A.84.670 (Unlawful acts by voters -- Penalty) and 2003 c
111 s 2134, 2003 c 53 s 181, & 1965 c 9 s 29.51.230.