H-0466.1

HOUSE BILL 1223

ByRepresentatives Doglio, Mena, Reed, Wylie, Pollet, Ormsby, and Hill

AN ACT Relating to limiting frivolous claims by modifying forms, processes, and methods of adjudication for voter registration challenges; amending RCW 29A.08.510, 29A.08.630, 29A.08.810, 29A.08.840, 29A.08.850, and 29A.08.135; and prescribing penalties.

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

Sec. 1. RCW 29A.08.510 and 2009 c 369 s 26 are each amended to read as follows:

The registrations of deceased voters may be canceled from voter registration lists as follows:

(1) Periodically, the registrar of vital statistics of the state shall prepare a list of persons who resided in each county, for whom a death certificate was transmitted to the registrar and was not included on a previous list, and shall supply the list to the secretary of state.

The secretary of state shall compare this list with the registration records and cancel the registrations of deceased voters.

(2) In addition, each county auditor may also use government agencies and newspaper obituary articles as a source of information for identifying deceased voters and canceling a registration. The auditor must verify the identity of the voter by matching the voter's date of birth or an address. The auditor shall record the date and source of the information in the cancellation records.

(3) In addition, any registered voter may sign a statement, subject to the penalties of perjury, to the effect that to his or her personal knowledge or belief another registered voter is deceased. This statement may be filed with the county auditor or the secretary of state. ((Upon))Only upon the receipt of such signed statement, and confirmation by the county auditor or the secretary of state ((shall cancel the registration)), may the voter's registration be removed from the official state voter registration list.

Sec. 2. RCW 29A.08.630 and 2023 c 466 s 25 are each amended to read as follows:

(1) The county auditor shall return an inactive voter to active voter status if, prior to the passage of two federal general elections, the voter:

(a) Notifies the auditor of a change of address;

(b) Responds to a confirmation notice with information that he or she continues to reside at the registration address; or

(c) Votes or attempts to vote in a primary, special election, or general election.

(2) If the inactive voter fails to provide a notice or take an action as described in subsection (1) of this section, the auditor shall cancel the person's voter registration.

(3) The county auditor must cancel an inactive voter registration when receiving information indicating that the inactive voter has moved out of state ((or died))and has remained inactive for two federal general elections.

Sec. 3. RCW 29A.08.810 and 2023 c 466 s 28 are each amended to read as follows:

(1) Registration of a person as a voter is presumptive evidence of his or her right to vote. A challenge to the person's right to vote must be based on personal knowledge of one of the following:

(a) The challenged voter has been convicted of a felony that includes serving a sentence of total confinement under jurisdiction of the department of corrections, or a felony conviction in another state's court or federal court and the voter is serving that sentence of total confinement and the person's voting rights have not been restored under RCW 29A.08.520;

(b) The challenged voter has been judicially declared ineligible to vote due to mental incompetency under RCW 29A.08.515;

(c) The challenged voter resides at a different address than the residential address provided, and is not subject to RCW 29A.04.151 or 29A.08.112, in which case the challenger must ((either)):

(i) Provide the challenged voter's actual residence on the challenge form; ((or))and

(ii) Submit evidence that he or she exercised due diligence to verify that the challenged voter does not reside at the address provided. The challenger must, at minimum, provide evidence that the challenger personally((:

(A) Sent))sent a certified letter with return service requested to the challenged voter's residential address provided, and to the challenged voter's mailing address, if provided, using a form provided by the office of the secretary of state outlining the reason for the challenge;

(((B) Searched local telephone directories, including online directories, to determine whether the voter maintains a telephone listing at any address in the county;

(E) Searched the voter registration database of another state to determine if the voter is registered to vote in any other state;))

(d) The challenged voter will not be eighteen years of age by the next general election; or

(e) The challenged voter is not a citizen of the United States.

(2) A person's right to vote may be challenged by another registered voter from the same city or town, or, if the voters reside in an unincorporated area, the same county, or the county prosecuting attorney.

(3)(a)(i) The challenger must file a separate voter registration challenge form or official electronic voter challenge form, as provided under RCW 29A.08.850, for each voter whose registration is challenged.

(b) The challenger must file a separate signed affidavit for each voter whose registration is challenged, subject to the penalties of perjury under chapter 9A.72 RCW swearing that, to his or her personal knowledge and belief, having exercised due diligence to personally verify the evidence presented, the challenged voter either is not qualified to vote or does not reside at the address given on his or her voter registration record based on one of the reasons allowed in subsection (1) of this section. The challenger must provide the factual basis for the challenge, including any information required by subsection (1)(c) of this section, in the signed affidavit. The challenge may not be based on unsupported allegations or allegations by ((anonymous)) third parties. The challenger shall sign each affidavit by hand, with ink. An affidavit signed electronically shall be rejected. All documents pertaining to the challenge are public records.

(((4) Challenges based on a felony conviction under RCW 29A.08.520 must be heard according to RCW 29A.08.520 and rules adopted by the secretary of state.))

Sec. 4. RCW 29A.08.840 and 2023 c 466 s 31 are each amended to read as follows:

(1) If the challenge is not in proper form or the factual basis for the challenge does not meet the legal grounds for a challenge, the county auditor ((may))must dismiss the challenge and notify the challenger of the reasons for the dismissal. A challenge is not in proper form if it is incomplete on its face or does not ((substantially)) comply with the form issued by the secretary of state.

(2) Prior to notifying the voter of any challenge, the county auditor may conduct an initial review of the merits of the challenge. In that initial review of the merits, if the county auditor determines that it is more likely than not that the challenge lacks merit, then the county auditor may dismiss the challenge. The challenger may refile the challenge with additional evidence pursuant to the requirements of RCW 29A.08.810.

(3) If the challenge is in proper form and the factual basis meets the legal grounds for a challenge, the county auditor must notify the challenged voter and provide a copy of the affidavit. The county auditor shall also provide to any person, upon request, a copy of all materials provided to the challenged voter.

(a) The notice must be in a form provided by the secretary of state, sent by forwardable certified mail to the address provided in the voter registration record, and any other addresses at which the challenged voter is alleged to reside or the county auditor reasonably expects the voter to receive notice, and by email and phone, if the county auditor has such information in its records, and include:

(c) If the challenge is to the residential address provided by the voter, the challenged voter must be provided notice of the exceptions allowed in RCW 29A.08.112 and 29A.04.151, and Article VI, section 4 of the state Constitution, and may update the residence address on the voter's voter registration, or reregister until 8:00 p.m. the day of the election.

(((b) The))(d) Subject to (e) of this subsection, and only if after providing notice, eligibility cannot be confirmed and the challenge remains, the county auditor must schedule a hearing and notify the challenger and the challenged voter of the time and place for the hearing.

(((3) All notice))(e) A hearing shall only be scheduled if the county auditor is unable to confirm the voter's eligibility and, based on the evidence submitted by the challenger, there is probable cause that the challenged voter is not qualified to vote. Challenges that do not meet the probable cause standard shall be dismissed without a hearing.

(4)(a) The hearing notification must be by certified forwardable mail to the address provided in the voter registration record, and any other addresses at which the challenged voter is alleged to reside or the county auditor reasonably expects the voter to receive notice. The county auditor must also notify the challenged voter by phone, including leaving a voicemail if possible, or email if the county auditor has such information in its records. If the county auditor receives no response from the challenged voter within 10 calendar days, the county auditor must provide the same such notice a second time. The secretary of state shall create a standard form for notification by mail and email. The challenger must appear in person at the hearing. The ((challenger and)) challenged voter may either appear in person or submit testimony by affidavit. Personal appearance may be accomplished using video telecommunications technology if the auditor or canvassing board chooses.

(iv) How responding to the challenge may help the voter remain registered to vote.

(((4)))(5) The challenger has the burden to prove ((by clear and convincing evidence))beyond a reasonable doubt that the challenged voter's registration is improper. The challenged voter must be provided a reasonable opportunity to respond. If the challenge is to the residential address provided by the voter, the challenged voter may provide evidence that he or she resides at the location described in his or her voter's registration records, or meets one of the exceptions allowed in RCW 29A.08.112 or 29A.04.151, or Article VI, section 4 of the state Constitution. If the challenger fails to appear at the hearing, then the challenge shall be dismissed. If ((either the challenger or))the challenged voter fails to appear at the hearing or submit an affidavit in lieu of appearing at the hearing, the challenge must be resolved based on the available facts and the challenger must still prove beyond a reasonable doubt that the challenged voter's registration is improper.

(((5)))(6)(a) If the challenge is based on an allegation under RCW 29A.08.810(1) (a), (b), (d), or (e) and the canvassing board sustains the challenge, the voter registration shall be canceled and any challenged ballot shall not be counted. If the challenge is based on an allegation under RCW 29A.08.810(1)(c) and the canvassing board sustains the challenge, the board shall permit the voter to correct the residence address on the voter registration and any races and ballot measures on any challenged ballot that the voter would have been qualified to vote for had the registration been correct shall be counted.

(((6)))(7) If the challenger fails to prove ((by clear and convincing evidence))beyond a reasonable doubt that the registration is improper, the challenge must be dismissed and any pending challenged ballot must be accepted as valid. All challenged ballots must be resolved before certification of the election. The decision of the county auditor or canvassing board is final subject only to judicial review by the superior court under chapter 34.05 RCW.

Sec. 5. RCW 29A.08.850 and 2006 c 320 s 7 are each amended to read as follows:

(1) The secretary of state must provide forms for voter registration challenges, and the county auditor must make such forms available. A challenge is not required to be submitted on the provided voter challenge form, but may be prepared using an official electronic voter challenge form template provided by the auditor or secretary of state that has been printed and signed by the challenger for submission.

Sec. 6. RCW 29A.08.135 and 2009 c 369 s 14 are each amended to read as follows:

(1) When a person who has previously registered to vote in another state applies for voter registration in Washington, the person shall provide on the registration form all information needed to cancel any previous registration. Notification must be made to the state elections office of the applicant's previous state of registration.

(2) ((A county auditor receiving official information that a voter has registered to vote in another state shall immediately cancel that voter's registration on the official state voter registration list.))(a) A county auditor receiving official information that a voter has registered to vote in another state shall send a notice to the voter and change the voter's status to inactive. The auditor shall not remove the voter from the official state voter registration list unless the voter fails to respond to the notice and fails to vote or confirm their voter registration address during the time period that includes the next two general elections.

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