H-1334              _______________________________________________

                                                    HOUSE BILL NO. 773

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Holm, Nealey, Haugen, Barnes, Holland, Dellwo, Jesernig, P. King, Winsley and Betrozoff

Read first time 2/9/87 and referred to Committee on Constitution, Elections & Ethics.

AN ACT Relating to voter registration; amending RCW 29.36.139; and adding a new section to chapter 29.10 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 29.10 RCW to read as follows:

          (1) Whenever any statutorily required notification to a voter is returned as undeliverable or when any mail ballot issued under RCW 29.36.120 is returned as undeliverable, the county auditor shall, in every instance, inquire into the validity of the registration of that voter.

          (2) The county auditor shall initiate his or her inquiry by sending, by first-class mail, a written notice to the challenged voter at the address indicated on the voter's permanent registration record.  The county auditor shall not request any restriction on the forwarding of such notice by the postal service.  The notice shall contain the nature of the inquiry and provide a suitable form for reply.  The notice shall also contain a warning that the county auditor must receive a response within forty-five days from the date of mailing or the individual's voter registration will be canceled.

          (3) The voter, in person or in writing, may state that the information on the permanent voter registration record is correct or may request a change in the information on the permanent registration record no later than the forty-fifth day after the date of mailing the inquiry.

          (4) Upon receipt of the voter's response, the county auditor shall consider the inquiry satisfied and will make whatever corrections requested by the voter on the permanent registration record.  The county auditor shall cancel the registration of a voter who fails to respond to the notice of inquiry within forty-five days after the date of mailing.

          (5) The county auditor shall notify the voter whose registration has been canceled by mail as prescribed in RCW 29.10.080.  A voter may respond no later than the forty-fifth day after the date of mailing of the notice of cancellation.  Upon receipt of the voter response, the auditor may reinstate the voter.

        Sec. 2.  Section 6, chapter 71, Laws of 1983 1st ex. sess. and RCW 29.36.139 are each amended to read as follows:

          (1) A mail ballot shall be counted only if it is returned in the return identification envelope, if the envelope is signed by the registered voter to whom the ballot is issued, and if the signature is verified as provided in this subsection.  The county auditor shall verify the signature of each voter on the return identification envelope with the signature on the voter's registration record.  If the county auditor determines that a registered voter to whom a replacement ballot has been issued has voted more than once, the county auditor shall not count any ballot cast by that voter.  The county auditor must notify both the county prosecuting attorney and the state attorney general of every instance in which a voter has voted more than once.

          (2) Any mail ballot may be challenged in the same manner as an absentee ballot.

(3) The names of voters whose mail ballot envelopes are returned to the county auditor as "undeliverable" shall be subject to inquiry as provided in section 1 of this act.