BILL REQ. #: S-4375.1
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 02/03/12.
AN ACT Relating to reducing costs and inefficiencies in elections; amending RCW 29A.04.235, 29A.08.030, 29A.08.110, 29A.08.125, 29A.08.610, 29A.08.620, 29A.12.130, 29A.32.070, 29A.32.210, 29A.32.241, 29A.32.280, 29A.52.220, 29A.60.165, 29A.64.061, 29A.72.010, 29A.72.025, 29A.72.070, and 29A.76.030; repealing RCW 29A.32.031, 29A.32.032, 29A.32.036, 29A.32.080, and 29A.52.011; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 29A.04.235 and 2011 c 10 s 8 are each amended to read
as follows:
The secretary of state shall ensure that ((each county auditor is
provided with)) the most recent version of the election laws of the
state, as contained in this title, and the most recent version of the
election administrative rules of the state, are posted on the agency's
web site for access by each county auditor and the public. ((Where
amendments have been enacted after the last compilation of the election
laws, he or she shall ensure that each county auditor receives a copy
of those amendments before the next primary or election.))
Sec. 2 RCW 29A.08.030 and 2009 c 369 s 7 are each amended to read
as follows:
The definitions set forth in this section apply throughout this
chapter, unless the context clearly requires otherwise.
(1) "Verification notice" means a notice sent by the county auditor
or secretary of state to a voter registration applicant and is used to
verify or collect information about the applicant in order to complete
the registration. The verification notice must be designed to include
a postage prepaid, preaddressed return form by which the applicant may
verify or send information.
(2) "Acknowledgment notice" means a notice sent by nonforwardable
mail by the county auditor or secretary of state to a registered voter
to acknowledge the disposition of a voter registration ((transaction))
application, which can include initial registration, transfer, or
reactivation of an inactive registration. An acknowledgment notice may
be a voter registration card.
(3) "Identification notice" means a notice sent to a provisionally
registered voter to confirm the applicant's identity.
(4) "Confirmation notice" means a notice sent to a registered voter
by first-class forwardable mail at the address indicated on the voter's
permanent registration record and to any other address at which the
county auditor or secretary of state could reasonably expect mail to be
received by the voter in order to confirm the voter's residence
address. The confirmation notice must be designed to include a postage
prepaid, preaddressed return form by which the registrant may verify
the address information.
Sec. 3 RCW 29A.08.110 and 2009 c 369 s 10 are each amended to
read as follows:
(1) An application is considered complete only if it contains the
information required by RCW 29A.08.010. 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. Any mailing address provided shall be used only for
mail delivery purposes, and not for precinct assignment or residency
purposes. Within sixty days after the receipt of an application or
transfer, the auditor shall send an acknowledgment notice to the
applicant((,)) by first-class nonforwardable mail((, an acknowledgment
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.
(2) If an application is not complete, the auditor shall promptly
mail a verification notice to the applicant. The verification notice
shall require the applicant to provide the missing information. If the
applicant provides the required information within forty-five days, the
applicant shall be registered to vote as of the original date of
application. The applicant shall not be placed on the official list of
registered voters until the application is complete.
Sec. 4 RCW 29A.08.125 and 2009 c 369 s 12 are each amended to
read as follows:
(1) The office of the secretary of state shall maintain a statewide
voter registration database. This database must be a centralized,
uniform, interactive computerized statewide voter registration list
that contains the name and registration information of every registered
voter in the state.
(2) The statewide list is the official list of registered voters
for the conduct of all elections.
(3) The statewide list must include, but is not limited to, the
name, date of birth, residence address, signature, gender, and date of
registration of every legally registered voter in the state.
(4) A unique identifier must be assigned to each registered voter
in the state.
(5) The database must be coordinated with other government
databases within the state including, but not limited to, the
department of corrections, the department of licensing, the department
of health, the administrative office of the courts, and county
auditors. The database may also be coordinated with the databases of
election officials in other states.
(6) Authorized employees of the secretary of state and each county
auditor must have immediate electronic access to the information
maintained in the database.
(7) Voter registration information received by each county auditor
must be electronically entered into the database. The office of the
secretary of state must provide support, as needed, to enable each
county auditor to enter and maintain voter registration information in
the state database.
(8) The secretary of state has data authority over all voter
registration data.
(9) The voter registration database 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 any available databases maintained by other
government agencies to identify duplicate registrations, suspected
duplicate voters, and voters who are ineligible to vote due to a felony
conviction, lack of citizenship, or mental incompetence;
(e) Provide images of voters' signatures for the purpose of
checking signatures on initiative and referendum petitions;
(f) Provide for a comparison between the voter registration
database and the department of licensing change of address database;
(g) Provide access for county auditors that includes the capability
to update registrations and search for duplicate registrations; and
(h) Provide for the cancellation of registrations of voters who
have moved out of state.
(10) The secretary of state may, upon agreement with other
appropriate jurisdictions, screen against any available databases
maintained by election officials in other states and databases
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 to accomplish the objectives in this section.
(11) The database shall retain information regarding previous
successful appeals of proposed cancellations of registrations in order
to avoid repeated cancellations for the same reason.
(12) Each county auditor shall maintain a list of all registered
voters within the county that are contained on the official statewide
voter registration list. In addition to the information maintained in
the statewide database, the county database must also maintain the
applicable taxing district and precinct codes for each voter in the
county, and a list of elections in which the individual voted.
(13) Each county auditor shall allow electronic access and
information transfer between the county's voter registration system and
the official statewide voter registration list.
Sec. 5 RCW 29A.08.610 and 2009 c 369 s 28 are each amended to
read as follows:
The secretary of state shall conduct an ongoing list maintenance
program designed to detect persons registered in more than one county
or state, or voting in more than one county ((in an election)) or
state. This program must be applied uniformly throughout the state and
must be nondiscriminatory in its application.
The office of the secretary of state shall search the statewide
voter registration list to find registered voters with the same date of
birth and similar names. Once the potential duplicate registrations
are identified, the secretary of state shall refer the potential
duplicate registrations to the appropriate county auditors, who shall
compare the signatures on each voter registration record and, after
confirming that a duplicate registration exists properly resolve the
duplication.
If a voter is suspected of voting in two or more counties in an
election, the county auditors in each county shall cooperate without
delay to determine the voter's county of residence. The county auditor
of the county of residence of the voter suspected of voting in two or
more counties shall take action under RCW 29A.84.010 without delay.
Sec. 6 RCW 29A.08.620 and 2011 c 10 s 17 are each amended to read
as follows:
(1) Each county auditor must request change of address information
from the postal service for all mail ballots.
(2) The county auditor shall transfer the registration of a voter
and send an acknowledgment notice to the new address informing the
voter of the transfer if change of address information received by the
county auditor from the postal service, the department of licensing, or
another agency designated to provide voter registration services
indicates that the voter has moved within the county.
(3) The county auditor shall place a voter on inactive status and
send to all known addresses a confirmation notice and a voter
registration application if change of address information received by
the county auditor from the postal service, the department of
licensing, or another agency designated to provide voter registration
services indicates that the voter has moved from one county to another.
(4) The county auditor shall place a voter on inactive status and
send to all known addresses a confirmation notice if any of the
following occur:
(a) Any document mailed by the county auditor to a voter is
returned by the postal service as undeliverable without address
correction information; or
(b) Change of address information received from the postal service,
the department of licensing, or another ((state)) governmental agency
designated to provide voter registration services indicates that the
voter has moved out of the state.
Sec. 7 RCW 29A.12.130 and 2003 c 111 s 313 are each amended to
read as follows:
At least three days before each state primary or general election,
the office of the ((secretary of state)) county auditor shall ((provide
for the conduct of)) test((s of)) the programming for each vote
tallying system to be used at that primary or general election. The
test must verify that the system will correctly count the vote cast for
all candidates and on all measures appearing on the ballot at that
primary or general election. The test shall verify the capability of
the vote tallying system to perform all of the functions that can
reasonably be expected to occur during conduct of that particular
primary or election. If any error is detected, the cause shall be
determined and corrected, and an errorless total shall be produced
before the primary or election.
Such tests shall be observed by at least one representative from
each major political party, if representatives have been appointed by
the respective major political parties and are present at the test, and
shall be open to candidates, the press, and the public. The county
auditor and any political party observers shall certify that the test
has been conducted in accordance with this section. Copies of this
certification shall be retained by the ((secretary of state and the))
county auditor. All programming materials, test results, and test
ballots shall be securely sealed until the day of the primary or
general election.
Sec. 8 RCW 29A.32.070 and 2009 c 415 s 5 are each amended to read
as follows:
The secretary of state shall determine the format and layout of the
voters' pamphlet published under RCW 29A.32.010. The secretary of
state shall print the pamphlet in clear, readable type on a size,
quality, and weight of paper that in the judgment of the secretary of
state best serves the voters. The pamphlet must contain:
(1) A table of contents((. Measures and arguments must be printed
in the order specified by RCW 29A.72.290.));
The voters' pamphlet must provide the following information
(2) For each statewide ((issue on the ballot except measures for an
advisory vote of the people whose requirements are provided in
subsection (11) of this section)) ballot measure, listed in the order
specified by RCW 29A.72.290:
(((1))) (a) The legal identification of the measure by serial
designation or number;
(((2))) (b) The official ballot title of the measure;
(((3))) (c) A statement prepared by the attorney general explaining
the law as it presently exists;
(((4))) (d) A statement prepared by the attorney general explaining
the effect of the proposed measure if it becomes law;
(((5))) (e) The fiscal impact statement prepared under RCW
29A.72.025;
(((6))) (f) The total number of votes cast for and against the
measure in the senate and house of representatives, if the measure has
been passed by the legislature;
(((7))) (g) An argument advocating the voters' approval of the
measure together with any statement in rebuttal of the opposing
argument;
(((8))) (h) An argument advocating the voters' rejection of the
measure together with any statement in rebuttal of the opposing
argument;
(((9))) (i) Each argument or rebuttal statement must be followed by
the names of the committee members who submitted them, and may be
followed by a telephone number and web site that citizens may ((call))
use to obtain information on the ballot measure; and
(((10))) (j) The full text of the measure;
(((11) Two pages shall be provided in the general election voters'
pamphlet for each measure for an advisory vote of the people under RCW
43.135.041 and shall consist of the serial number assigned by the
secretary of state under RCW 29A.72.040, the short description
formulated by the attorney general under RCW 29A.72.283, the tax
increase's most up-to-date ten-year cost projection, including a
year-by-year breakdown, by the office of financial management under RCW
43.135.031, and the names of the legislators, and their contact
information, and how they voted on the increase upon final passage so
they can provide information to, and answer questions from, the public.
For the purposes of this subsection, "names of legislators, and their
contact information" includes each legislator's position (senator or
representative), first name, last name, party affiliation (for example,
Democrat or Republican), city or town they live in, office phone
number, and office e-mail address)) (3) For candidate races:
(a) In even-numbered years, statements, if submitted, from
candidates for the office of president and vice president of the United
States, United States senator, United States representative, governor,
lieutenant governor, secretary of state, state treasurer, state
auditor, attorney general, commissioner of public lands, superintendent
of public instruction, insurance commissioner, state senator, state
representative, justice of the supreme court, judge of the court of
appeals, or judge of the superior court. Candidates may also submit
campaign contact information and a photograph not more than five years
old in a format that the secretary of state determines to be suitable
for reproduction in the voters' pamphlet;
(b) In odd-numbered years, if any office voted upon statewide
appears on the ballot due to a vacancy, then statements and photographs
for candidates for any vacant statewide office listed in (a) of this
subsection;
(c) For partisan office, the political party preference of each
candidate who has expressed a party preference on his or her
declaration of candidacy;
(4) Information on how to register to vote and update a
registration;
(5) Contact information for the public disclosure commission
established under RCW 42.17A.100; and
(6) Any additional information pertaining to elections as may be
required by law or in the judgment of the secretary of state is deemed
informative to the voters.
Sec. 9 RCW 29A.32.210 and 2003 c 111 s 813 are each amended to
read as follows:
At least ninety days before any primary or general election, or at
least ((forty)) fifty days before any special election held under RCW
((29A.04.320)) 29A.04.321 or 29A.04.330, the legislative authority of
any county or first-class or code city may adopt an ordinance
authorizing the publication and distribution of a local voters'
pamphlet. The pamphlet shall provide information on all measures
within that jurisdiction and may, if specified in the ordinance,
include information on candidates within that jurisdiction. If both a
county and a first-class or code city within that county authorize a
local voters' pamphlet for the same election, the pamphlet shall be
produced jointly by the county and the first-class or code city. If no
agreement can be reached between the county and first-class or code
city, the county and first-class or code city may each produce a
pamphlet. Any ordinance adopted authorizing a local voters' pamphlet
may be for a specific primary, special election, or general election or
for any future primaries or elections. ((The format of any local
voters' pamphlet shall, whenever applicable, comply with the provisions
of this chapter regarding the publication of the state candidates' and
voters' pamphlets.))
Sec. 10 RCW 29A.32.241 and 2011 c 10 s 29 are each amended to
read as follows:
((The)) A printed and mailed local voters' pamphlet shall include
but not be limited to the following:
(1) Appearing on the cover, the words "official local voters'
pamphlet," the name of the jurisdiction producing the pamphlet, and the
date of the election or primary;
(2) A list of jurisdictions that have measures or candidates in the
pamphlet;
(3) Information on how a person may register to vote and obtain a
ballot;
(4) The text of each measure accompanied by an explanatory
statement prepared by the prosecuting attorney for any county measure
or by the attorney for the jurisdiction submitting the measure if other
than a county measure. All explanatory statements for city, town, or
district measures not approved by the attorney for the jurisdiction
submitting the measure shall be reviewed and approved by the county
prosecuting attorney or city attorney, when applicable, before
inclusion in the pamphlet; and
(5) The arguments for and against each measure submitted by
committees ((selected)) appointed pursuant to RCW 29A.32.280((; and)).
(6) For partisan primary elections, information on how to vote the
applicable ballot format and an explanation that minor political party
candidates and independent candidates will appear only on the general
election ballot
Sec. 11 RCW 29A.32.280 and 2003 c 111 s 820 are each amended to
read as follows:
For each measure from a unit of local government that is included
in a local voters' pamphlet, the legislative authority of that
jurisdiction shall((, not later than forty-five days before the
publication of the pamphlet,)) formally appoint a committee to prepare
arguments advocating ((voters')) approval of the measure and ((shall
formally appoint)) a committee to prepare arguments advocating
((voters')) rejection of the measure. The authority shall appoint
persons known to favor the measure to serve on the committee advocating
approval and shall, whenever possible, appoint persons known to oppose
the measure to serve on the committee advocating rejection. Each
committee shall have not more than three members, however, a committee
may seek the advice of any person or persons. If the legislative
authority of a unit of local government fails to make such appointments
by the prescribed deadline, the county auditor shall whenever possible
make the appointments. Appointments and submission of arguments must
occur by the deadlines established in administrative rule adopted
pursuant to RCW 29A.32.230.
Sec. 12 RCW 29A.52.220 and 2005 c 153 s 10 are each amended to
read as follows:
(1) No primary may be held for any single position in any ((city,
town, district, or district court, as required by RCW 29A.52.210))
nonpartisan office, if, after the last day allowed for candidates to
withdraw, there are no more than two candidates filed for the position.
The county auditor shall, as soon as possible, notify all the
candidates so affected that the office for which they filed will not
appear on the primary ballot.
(2) No primary may be held for nonpartisan offices in any first-class city if the city:
(a) Is a qualifying city that has been certified to participate in
the pilot project authorized by RCW 29A.53.020; and
(b) Is conducting an election using the instant runoff voting
method for the pilot project authorized by RCW 29A.53.020.
(c) This subsection (2) expires July 1, 2013.
(3) No primary may be held for the office of commissioner of a park
and recreation district or for the office of cemetery district
commissioner.
(4) Names of candidates for offices that do not appear on the
primary ballot shall be printed upon the general election ballot in the
manner specified by RCW 29A.36.131.
Sec. 13 RCW 29A.60.165 and 2011 c 10 s 54 are each amended to
read as follows:
(1) If the voter neglects to sign the ballot declaration, or the
handwriting of the signature on the ballot declaration does not match
the handwriting of the signature in the voter registration file, the
county auditor shall notify the voter by telephone, e-mail, or first-class mail and advise the voter of the correct procedures for
completing the unsigned declaration or advise the voter of the correct
procedures for updating his or her signature in the voter registration
file. ((If the ballot is received within three business days of the
final meeting of the canvassing board, or the voter has been notified
by first-class mail and has not responded at least three business days
before the final meeting of the canvassing board, then the auditor
shall attempt to notify the voter by telephone, using the voter
registration record information.)) (2) If the signature on a ballot declaration is not the same
as the signature on the registration file because the name is
different, the ballot may be counted as long as the handwriting is
clearly the same. The auditor shall send the voter a change-of-name
form under RCW 29A.08.440 and direct the voter to complete the form.
(2)(a) If the handwriting of the signature on a ballot declaration
is not the same as the handwriting of the signature on the registration
file, the auditor shall notify the voter by first-class mail, enclosing
a copy of the declaration, and advise the voter of the correct
procedures for updating his or her signature on the voter registration
file. If the ballot is received within three business days of the
final meeting of the canvassing board, or the voter has been notified
by first-class mail and has not responded at least three business days
before the final meeting of the canvassing board, then the auditor
shall attempt to notify the voter by telephone, using the voter
registration record information.
(b)
(((c))) (3) If the signature on a ballot declaration is not the
same as the signature on the registration file because the voter used
initials or a common nickname, the ballot may be counted as long as the
surname and handwriting are clearly the same.
(((3))) (4) A voter may not cure a missing or mismatched signature
for purposes of counting the ballot in a recount.
(((4))) (5) A record must be kept of all ballots with missing and
mismatched signatures. The record must contain the date on which the
voter was contacted or the notice was mailed, as well as the date on
which the voter signed the envelope, a copy of the envelope, a new
registration form, or a change-of-name form. That record is a public
record under chapter 42.56 RCW and may be disclosed to interested
parties on written request.
Sec. 14 RCW 29A.64.061 and 2005 c 243 s 21 are each amended to
read as follows:
Upon completion of the canvass of a recount, the canvassing board
shall prepare and certify an amended abstract showing the votes cast in
each precinct for which the recount was conducted. Copies of the
amended abstracts must be transmitted to the same officers who received
the abstract on which the recount was based. The results of a manual
recount may be certified by batch, instead of precinct, if the original
count can be reported by batch.
If the nomination, election, or issue for which the recount was
conducted was submitted only to the voters of a county, the canvassing
board shall file the amended abstract with the original results of that
election or primary.
If the nomination, election, or issue for which a recount was
conducted was submitted to the voters of more than one county, the
secretary of state shall canvass the amended abstracts and shall file
an amended abstract with the original results of that election. The
secretary of state may require that the amended abstracts be certified
by each canvassing board on a uniform date. An amended abstract
certified under this section supersedes any prior abstract of the
results for the same offices or issues at the same primary or election.
Sec. 15 RCW 29A.72.010 and 2003 c 111 s 1802 are each amended to
read as follows:
If any legal voter of the state, either individually or on behalf
of an organization, desires to petition the legislature to enact a
proposed measure, or submit a proposed initiative measure to the
people, or order that a referendum of all or part of any act, bill, or
law, passed by the legislature be submitted to the people, he or she
shall file with the secretary of state:
(1) A legible copy of the measure proposed, or the act or part of
such act on which a referendum is desired((, accompanied by an));
(2) A signed affidavit, or electronic submission, that the sponsor
is a ((legal)) registered voter; and
(3) A filing fee prescribed under RCW 43.07.120.
Sec. 16 RCW 29A.72.025 and 2009 c 415 s 7 are each amended to
read as follows:
The office of financial management, in consultation with the
secretary of state, the attorney general, and any other appropriate
state or local agency, shall prepare a fiscal impact statement for each
of the following state ballot measures: (1) An initiative to the
people that is certified to the ballot; (2) an initiative to the
legislature that will appear on the ballot; (3) an alternative measure
appearing on the ballot that the legislature proposes to an initiative
to the legislature; (4) a referendum bill referred to voters by the
legislature; and (5) a referendum measure appearing on the ballot.
Fiscal impact statements must be written in clear and concise language,
avoid legal and technical terms when possible, and be filed with the
secretary of state no later than the tenth day of August. Fiscal
impact statements may include easily understood graphics.
A fiscal impact statement must describe any projected increase or
decrease in revenues, costs, expenditures, or indebtedness that the
state or local governments will experience if the ballot measure were
approved by state voters. Where appropriate, a fiscal impact statement
may include both estimated dollar amounts and a description placing the
estimated dollar amounts into context. A fiscal impact statement must
include ((both)) a summary ((of not to exceed one hundred words and)),
a more detailed statement ((that includes)), and, if applicable, how to
find additional information on the web site of the office of financial
management. The assumptions that were made to develop the fiscal
impacts must be posted on the web site of the office of financial
management.
Fiscal impact statements must be available online from the
secretary of state's web site and included in the state voters'
pamphlet. Additional information may be posted on the web site of the
office of financial management.
Sec. 17 RCW 29A.72.070 and 2003 c 111 s 1808 are each amended to
read as follows:
Upon the filing of the ballot title and summary for a state
initiative or referendum measure in the office of secretary of state,
the secretary of state shall notify ((by telephone and by mail, and, if
requested, by other electronic means,)) the person proposing the
measure, ((the prime sponsor of a referendum bill or alternative to an
initiative to the legislature, the chief clerk of the house of
representatives, the secretary of the senate,)) and any other
individuals who have made written request for such notification of the
exact language of the ballot title and summary.
Sec. 18 RCW 29A.76.030 and 2003 c 111 s 1903 are each amended to
read as follows:
If the boundaries of any ((city, township, or rural precinct))
electoral jurisdiction are changed in the manner provided by law, the
county auditor shall ((transfer)) update the registration ((cards))
records of every registered voter whose place of residence is affected
thereby ((to the files of the proper precinct, noting thereon the name
or number of the new precinct, or change the addresses, the precinct
names or numbers, and the special district designations for those
registered voters on the voter registration lists of the county)). It
shall not be necessary for any registered voter whose ((residence))
registration has been changed from one precinct to another, by a change
of boundary, to apply to the ((registration officer)) county auditor
for a transfer of registration. The county auditor shall either make
personalized jurisdiction information available online, or mail a
notice to each ((registrant in the new precinct a notice that his or
her precinct has been changed from . . . . . . to . . . . . ., and that
thereafter the registrant will be entitled to vote in the new precinct,
giving the name or number)) registered voter.
NEW SECTION. Sec. 19 The following acts or parts of acts are
each repealed:
(1) RCW 29A.32.031 (Contents) and 2011 c 60 s 13, 2009 c 415 s 2,
2008 c 1 s 12, & 2004 c 271 s 121;
(2) RCW 29A.32.032 (Party preference) and 2005 c 2 s 11;
(3) RCW 29A.32.036 (Even year primary contents) and 2004 c 271 s
122;
(4) RCW 29A.32.080 (Amendatory style) and 2003 c 111 s 808; and
(5) RCW 29A.52.011 (Elections to fill unexpired term--No primary,
when) and 2006 c 344 s 14 & 2004 c 271 s 172.
NEW SECTION. Sec. 20 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.