AN ACT Relating to voter registration; amending RCW 29.10.180 and 35A.29.030; adding a new chapter to Title 29 RCW; repealing RCW 29.07.040; and prescribing penalties.

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

NEW SECTION. Sec. 1. The intent and purpose of this chapter is to facilitate and encourage voter participation in elections in the state of Washington by enhancing voter registration through an additional means of voter registration known as registration by mail. This process is not meant to replace registration before a registrar but is an alternative to registration in person.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "By mail" means delivery of voter registration information by mail or by personal delivery, courier, or any other method of delivery.

(2) "Register" or "registration" refers to delivery by mail.

NEW SECTION. Sec. 3. The county auditor shall conduct voter registration within the county pursuant to this chapter. The provisions of this title, particularly RCW 29.04.080 and chapters 29.07 and 29.10 RCW, shall apply to this chapter and to registration by mail.

NEW SECTION. Sec. 4. (1) A qualified person may register to vote by delivering by mail or otherwise a completed registration form to the county auditor for the county in which the person resides.

(2) If a person mails or delivers a registration form to a county auditor other than the county auditor for the county in which the person resides, the form shall be immediately forwarded to the proper county auditor.

NEW SECTION. Sec. 5. The county auditor shall distribute forms by which a person may register to vote and cancel any previous registration in this state. The county auditor shall keep a supply of voter registration forms in his or her office at all times for political parties and others interested in assisting in voter registration, and shall make every effort to make these forms generally available to the public. The county auditor shall provide voter registration forms to city and town clerks, state offices, schools, fire stations, and any other locations considered appropriate by the auditor for extending registration opportunities to all areas of the county. After the initial distribution of voter registration forms to a given location, a representative designated by the official in charge of that location shall notify the county auditor of the need for additional voter registration supplies.

NEW SECTION. Sec. 6. In addition to the information required on the registration form as set out in RCW 29.07.070, when registering to vote by mail under this chapter, the person registering to vote shall provide the following information on the form for registering by mail:

(1) His or her driver's license number from a valid Washington state driver's license;

(2) If the applicant does not have a valid Washington state driver's license, then the applicant shall provide a social security number;

(3) If the applicant does not have a valid Washington state driver's license or a social security number, then the applicant shall provide the number from a valid Washington state identicard.

If the applicant does not provide the information required in subsection (1), (2), or (3) of this section, the county auditor shall not process the form until the information is provided.

After providing the information concerning his or her qualifications, the applicant shall sign a statement in the following form: "I, the undersigned, declare that the facts set forth relating to my qualifications as a voter are true. I further declare that I am a citizen of the United States, that I am not presently denied my civil rights as a result of being convicted of an infamous crime, that I will have lived in this state, county, and precinct thirty days immediately preceding the next election at which I offer to vote, and that I will be at least eighteen years of age at the time of voting."

The applicant shall also sign his or her name upon a separate portion of the voter registration card, to be designated as an initiative signature card. On the initiative signature card portion, the county auditor shall provide the applicant's precinct name or number and the applicant shall provide his or her surname, given name or names, the name of the state, county, city or town in which the applicant resides, and the applicant's post office address.

The voter registration form shall provide, in a conspicuous place, the following warning: "Any person who knowingly supplies false information on this voter registration form or who knowingly makes a false declaration as to his or her qualifications for registration is guilty of a class C felony punishable by confinement in a state correctional institution for five years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine."

NEW SECTION. Sec. 7. A person qualified to vote who wishes to register to vote, but who cannot provide the information required under section 6 of this act, may register in person under chapter 29.07 RCW.

NEW SECTION. Sec. 8. On receipt of an application for voter registration under this chapter, the county auditor shall review the application to determine whether the information supplied is complete and correct. If it is not, then the auditor within five days of receipt of the application shall send notice of the deficiency to the applicant. If the information is complete and correct, then the applicant shall be considered "registered" as of the date the complete and correct application was received by the auditor; and the auditor shall: (1) Enter on the registrant's voter record the appropriate precinct identification, taxing district identification, and date of registration, and (2) no later than fifteen days following the receipt of such application, send to the applicant, by first class mail, a voter registration card 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.

If a voter registration card is properly mailed as required by this section to the address listed by the applicant as being the applicant's mailing address and the card is subsequently returned to the auditor by the postal service as being undeliverable to the applicant at that address, the voter registration of the applicant shall be immediately canceled. The auditor shall, by the end of the next business day, send the applicant a notice of the cancellation, an explanation as to the reason for the cancellation, and a registration application form. The postal service shall be requested to forward this notice as applicable.

NEW SECTION. Sec. 9. (1) Any qualified elector temporarily residing outside the county of his or her permanent residence but within the state of Washington, may send or have delivered a completed registration by mail form to the auditor of the county in which he or she is temporarily residing. The auditor promptly shall transmit the form to the county auditor of the county where the applicant permanently resides. The county auditor of the applicant's place of permanent residence shall immediately process the form in the manner provided in this chapter.

(2) As an alternative to the provisions in subsection (1) of this section, the elector may register by mail directly with the county auditor of the county of his or her permanent residence.

NEW SECTION. Sec. 10. The secretary of state shall adopt an application form for registering by mail. The form shall be compatible with the forms prescribed under RCW 29.07.140, and shall be designed so that an applicant will not be required to provide the same information, other than his or her signature, more than once. The form shall also contain instructions on its use, a notification of filing deadlines, a warning to the applicant of the penalty for knowingly supplying false information, and space for the county auditor to enter the voter's precinct identification, taxing district identification, and registration number.

NEW SECTION. Sec. 11. The secretary of state shall furnish registration forms necessary to carry out the registration of voters as provided by this chapter without cost to the respective counties. The secretary of state shall develop the forms in consultation with the county auditors.

NEW SECTION. Sec. 12. Violations of this chapter shall be prosecuted pursuant to RCW 29.85.190, 29.85.200, or any other applicable sections of chapter 29.85 RCW.

Sec. 13. Section 1, chapter 359, Laws of 1987 and RCW 29.10.180 are each amended to read as follows:

(1) Whenever any vote-by-mail ballot, notification to voters following reprecincting of the county, notification to voters of selection to serve on jury duty, or initial voter identification card is returned by the postal service 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 sixty 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 sixtieth day after the date of mailing the inquiry.

(4) Upon the timely receipt of a response signed by the voter, the county auditor shall consider the inquiry satisfied and will make the 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 sixty 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 shall reinstate the voter.

(6) The provisions of this section do not apply to a notification which has been sent as required by section 8 of this 1989 act and is subsequently returned to the auditor.

Sec. 14. Section 35A.29.030, chapter 119, Laws of 1967 ex. sess. and RCW 35A.29.030 are each amended to read as follows:

The city clerk shall be the registrar of voters in all code city precincts. In the case of code city precincts lying partly within and partly without the code city limits, the voters within and those without the city limits shall be registered in separate registration files. The city clerk shall take an oath as required by RCW 29.07.050 and shall perform his duties as registrar as provided in chapters 29.07 and 29.10 RCW. Expense of registration shall be paid or apportioned as provided in RCW 29.07.030((~~, and registration officers of code cities shall receive compensation, fees, and expenses as provided in RCW 29.07.040~~)).

NEW SECTION. Sec. 15. Sections 1 through 12 of this act shall constitute a new chapter in Title 29 RCW.

NEW SECTION. Sec. 16. Section 29.07.040, chapter 9, Laws of 1965, section 6, chapter 202, Laws of 1971 ex. sess. and RCW 29.07.040 are each repealed.