BILL REQ. #: S-3151.2
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/23/12. Referred to Committee on Government Operations, Tribal Relations & 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) A legible photocopy of the applicant's birth certificate;
(b) 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;
(c) The applicant's United States naturalization documents;
(d) Other documents or methods of proof that are established
pursuant to the immigration reform and control act of 1986;
(e) 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.