Z-1506               _______________________________________________

                                                   HOUSE BILL NO. 1816

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representative Fisher; by request of Secretary of State

Read first time 1/27/88 and referred to Committee on Constitution, Elections & Ethics.

AN ACT Relating to the elective franchise of imprisoned felons; amending RCW 29.01.080 and 29.65.010; and declaring a contingent effective date.

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

        Sec. 1.  Section 29.01.080, chapter 9, Laws of 1965 and RCW 29.01.080 are each amended to read as follows:

          ((An "infamous crime" is a crime punishable by death or imprisonment in the)) For the purposes of Article VI, section 3 of the state Constitution, "imprisoned for a felony conviction" means being required to reside in a state penitentiary or any state or local detention, treatment, or correction facility, including a contracted work-release facility, as a result of a felony conviction.

        Sec. 2.  Section 29.65.010, chapter 9, Laws of 1965 as last amended by section 6, chapter 30, Laws of 1983 1st ex. sess. and RCW 29.65.010 are each amended to read as follows:

          Any registered voter may contest the right of any person declared elected to an office to be issued a certificate of election for any of the following causes:

          (1) For misconduct on the part of any member of any precinct election board involved therein;

          (2) Because the person whose right is being contested was not at the time he was declared elected eligible to that office;

          (3) Because the person whose right is being contested was previous to the election convicted of a felony by a court of competent jurisdiction, his conviction ((not having)) has not been reversed ((nor his civil rights restored after the conviction)), and who at the time of the election, was excluded from the elective franchise under Article VI, section 3 of the state Constitution;

          (4) Because the person whose right is being contested gave a bribe or reward to a voter or to an inspector or judge of election for the purpose of procuring his election, or offered to do so;

          (5) On account of illegal votes.

          (a) Illegal votes include but are not limited to the following:

          (i) More than one vote cast by a single voter;

          (ii) A vote cast by a person disqualified under Article VI, section 3 of the state Constitution.

          (b) Illegal votes do not include votes cast by improperly registered voters who were not properly challenged pursuant to RCW 29.10.125 and 29.10.127.

          All election contests shall proceed under RCW 29.04.030.

NEW SECTION. Sec. 3.     This act shall take effect January 1, 1989, if the proposed amendment to Article VI, section 3 of the state Constitution excluding persons imprisoned for a felony conviction from the elective franchise (....JR....) is validly submitted to and is approved and ratified by the voters at a general election held in November 1988.  If the proposed amendment is not so approved and ratified, this act shall be null and void in its entirety.