BILL REQ. #:  S-3435.1 

Read first time 01/14/10.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to citizenship; amending RCW 29A.08.210; adding a new section to chapter 74.04 RCW; creating new sections; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds that illegal immigration is causing economic hardship to this state and that illegal immigration is encouraged by state agencies providing public benefits without verifying immigration status. The legislature further finds that illegal immigrants have been given a safe haven in this state with the aid of identification cards that are issued without verifying immigration status, and that this conduct contradicts federal immigration policy, undermines the security of our borders, and demeans the value of citizenship. Therefore, the legislature declares that it is in the public's best interest to require all state agencies to cooperate with federal immigration authorities in order to discourage illegal immigration.

Sec. 2   RCW 29A.08.210 and 2009 c 369 s 16 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 former address of the applicant if previously registered to vote;
     (2) The applicant's full name;
     (3) The applicant's date of birth;
     (4) The applicant's state and country of birth;
     (5) The address of the applicant's residence for voting purposes;
     (((5))) (6) The mailing address of the applicant if that address is not the same as the address in subsection (((4))) (5) of this section;
     (((6))) (7) The residential telephone number of the applicant, unless unlisted;
     (8) The applicant's father's name or the applicant's mother's maiden name;
     (9) The applicant's occupation;
     (10) The applicant's party preference;
     (11) The sex of the applicant;
     (((7))) (12) The applicant's Washington state driver's license number, 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))) (13) 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;
     (((9))) (14) A check box allowing the applicant to confirm that he or she is at least eighteen years of age or will be eighteen years of age by the next election;
     (((10))) (15) 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;
     (((11))) (16) A check box and declaration confirming that the applicant is a citizen of the United States;
     (((12))) (17) 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."
     (((13))) (18) The oath required by RCW 29A.08.230 and a space for the applicant's signature;
     (19) A statement that the applicant shall submit evidence of United States citizenship with the application and that the secretary of state shall reject the application if no evidence of citizenship is attached. Satisfactory evidence of citizenship shall include any of the following:
     (a) The number of the applicant's driver's license or identification card issued after October 1, 1996, by the department of licensing or the equivalent governmental agency of another state within the United States, if the agency indicates on the applicant's driver's license or identification card that the person has provided satisfactory proof of United States citizenship;
     (b) A legible photocopy of the applicant's birth certificate;
     (c) A legible photocopy of the applicant's United States passport identifying the applicant and the applicant's passport number or the applicant's United States passport;
     (d) The applicant's United States naturalization documents;
     (e) Other documents or methods of proof that are established pursuant to the immigration reform and control act of 1986;
     (f) The applicant's bureau of Indian affairs card number, tribal treaty card number, or tribal enrollment number. After two years, the secretary of state may destroy all documents that were submitted as evidence of citizenship; and
     (((14))) (20) 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.

NEW SECTION.  Sec. 3   A new section is added to chapter 74.04 RCW to read as follows:
     (1) An agency of this state and all of its political subdivisions, including local governments, that are responsible for the administration of state and local public benefits that are not federally mandated shall do all of the following:
     (a) Verify the identity of each applicant for those benefits and verify that the applicant is eligible for benefits as prescribed by this section;
     (b) Provide any other employee of this state or any of its political subdivisions with information to verify the immigration status of any applicant for those benefits and assist the employee in obtaining that information from federal immigration authorities;
     (c) Refuse to accept any identification card issued by the state or any political subdivision of this state, including a driver's license, to establish identity or determine eligibility for those benefits, unless the issuing authority has verified the immigration status of the applicant; and
     (d) Require all employees of the state and its political subdivisions to make a written report to federal immigration authorities for any violation of federal immigration law by any applicant for benefits and that is discovered by the employee.
     (2) A failure to report discovered violations of federal immigration law by an employee is a gross misdemeanor.
     (3) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. Any person who is a resident of this state shall have standing in any court of record to bring suit against any agency of this state or its political subdivisions to remedy any violation of any provision of this section, including an action for mandamus. Courts shall give preference to actions brought under this section over other civil actions or proceeding pending in the court.

NEW SECTION.  Sec. 4   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 5   This act may be known and cited as the Washington taxpayer and citizen protection act.