H-4400              _______________________________________________

 

                                    SECOND SUBSTITUTE HOUSE BILL NO. 1666

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By House Committee on State Government (originally sponsored by Representatives Anderson, Hankins, R. Fisher, Jacobsen, R. King, Bristow, Silver, Rector, McLean, O'Brien, Prentice, Wineberry, Todd, Morris, Sayan, Beck, Wang, Ferguson, Van Luven, P. King, Nutley, Pruitt, Winsley, Youngsman and Nelson; by request of Secretary of State)

 

 

Read first time 2/2/90.

 

 


AN ACT Relating to voter registration in driver's licensing facilities; amending RCW 29.07.070, 29.07.080, and 29.07.140; adding new sections to chapter 29.07 RCW; adding a new section to chapter 46.20 RCW; prescribing penalties; and providing an effective date.

 

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

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 29.07 RCW to read as follows:

          (1) A person may register to vote or transfer a voter registration when he or she applies for or renews a driver's license or identification card under chapter 46.20 RCW.

          (2) To register to vote or transfer a voter registration under this section, the applicant shall provide the following:

          (a) His or her full name;

          (b) Whether the address in the driver's license file is the same as his or her residence for voting purposes;

          (c) The address of the residence for voting purposes if it is different from the address in the driver's license file;

          (d) His or her mailing address if it is not the same as the address in (c) of this subsection;

          (e) Additional information on the physical location of that voting residence if it is only identified by route or box;

          (f) The last address at which he or she was registered to vote in this state;

          (g) A declaration that he or she is a citizen of the United States; and

          (h) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and to prevent duplicate or fraudulent voter registrations.

          (3) The following warning shall appear in a conspicuous place on the voter registration form:

          "Knowingly providing false information on this voter registration form or knowingly making a false declaration about your qualifications for registration is a class C felony that is punishable by imprisonment for up to five years, or by a fine not to exceed ten thousand dollars, or by both such imprisonment and fine."

          (4) The applicant shall sign a portion of the form that can be used as an initiative signature card for the verification of petition signatures by the secretary of state and shall sign and attest to the following oath:

 

          "I declare that the facts relating to my qualifications as a voter recorded on this voter registration form are true.  I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of an infamous crime, I will have lived in this state, county, and precinct for thirty days immediately preceding the next election at which I offer to vote, and I will be at least eighteen years of age at the time of voting."

 

          (5) The driver licensing agent shall record that the applicant has requested to register to vote or transfer a voter registration.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 29.07 RCW to read as follows:

          (1) The secretary of state shall provide for the voter registration forms submitted under section 1 of this act to be collected from each driver's licensing facility at least once each week.

          (2) The department of licensing shall produce and transmit to the secretary of state a machine-readable file containing the following information from the records of each individual who requested a voter registration or transfer at a driver's license facility during each period for which forms are transmitted under subsection (1) of this section:  The name, address, date of birth, and sex of the applicant and the driver's license number, the date on which the application for voter registration or transfer was submitted, and the location of the office at which the application was submitted.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 29.07 RCW to read as follows:

          The voter registration forms from the driver's licensing facilities shall be forwarded to the county in which the applicant has registered to vote no later than ten days after the date on which the forms were to be collected under section 2(1) of this act.

 

          NEW SECTION.  Sec. 4.  A new section is added to chapter 29.07 RCW to read as follows:

          (1) For any voter registration application where the address for voting purposes is different from the address in the machine-readable file received from the department of licensing, the secretary of state shall amend the record of that application in the machine-readable file to reflect the county in which the applicant has registered to vote.

          (2) The secretary of state shall sort the records in the machine-readable file according to the county in which the applicant registered to vote and produce a file of voter registration transactions for each county.  The records of each county shall be transmitted on or through whatever medium the county auditor determines will best facilitate the incorporation of these records into the existing voter registration files of that county.

          (3) The secretary of state shall produce a list of voter registration transactions for each county and transmit a copy of this list to that county with each  file of voter registration transactions.

 

          NEW SECTION.  Sec. 5.  A new section is added to chapter 29.07 RCW to read as follows:

          The secretary of state shall deliver the  files and lists of voter registration information produced under section 4 of this act to the county auditors no later than ten days after the date on which that information was to be transmitted under section 2(1) of this act.  The county auditor shall process these records in the same manner as voter registrations executed under RCW 29.07.080.

 

          NEW SECTION.  Sec. 6.  A new section is added to chapter 46.20 RCW to read as follows:

          Before issuing an original license or identification card or renewing a license or identification card under this chapter, the licensing agent shall determine if the applicant wants to register to vote or transfer his or her voter registration.  If the applicant chooses to register or transfer a registration, the agent shall provide the applicant with a voter registration form and instructions and shall record that the applicant has requested to register to vote or transfer a voter registration.

 

        Sec. 7.  Section 29.07.070, chapter 9, Laws of 1965 as last amended by section 3, chapter 21, Laws of 1973 1st ex. sess. and RCW 29.07.070 are each amended to read as follows:

          The registration officer shall interrogate the applicant for registration, concerning his or her qualifications as a voter of the state, and of the county, city, town, and precinct in which he or she applies for registration, requiring ((him)) the applicant to state:

          (1) The  previous address of the last former registration of the applicant as a voter in the state;

          (2) His or her full name;

          (3) Date of birth;

          (4) Place of residence, street and number, if any, or post office or rural mail route address;

          (5) Whether he or she is a citizen of the United States.

          Answers to all questions shall be inserted on a single registration form to be prescribed by the secretary of state.

          This section does not apply to registrations made under sections 1 through 6 of this 1990 act.

 

        Sec. 8.  Section 29.07.080, chapter 9, Laws of 1965 as last amended by section 4, chapter 21, Laws of 1973 1st ex. sess. and RCW 29.07.080 are each amended to read as follows:

          The registrar shall note the sex of the applicant on the registration form.  He shall then require the applicant to sign an oath in the following form:  "I, the undersigned, on oath or affirmation, do hereby declare that the facts set forth herein relating to my qualifications as a voter, recorded by the registration officer in my presence, are true.  I further certify that I am not presently denied my civil rights as a result of being convicted of an infamous crime and that I will be at least eighteen years of age at the time of voting"; and the registration officer shall sign and date such oath in verification of the fact that the same was signed and sworn to before ((him)) the officer in the following form:   "Subscribed and sworn to before me this ..... day of .......... ,   19.. , .......... Registration Officer."

          Otherwise the registration officer shall refuse to register the applicant.  Upon receipt of the registration record, the county auditor shall note on the record all of the identifying code numbers and precinct in which the applicant resides.

          This section does not apply to registrations made under sections 1 through 6 of this 1990 act.

 

        Sec. 9.  Section 29.07.140, chapter 9, Laws of 1965 as last amended by section 7, chapter 21, Laws of 1973 1st ex. sess. and RCW 29.07.140 are each amended to read as follows:

          ((The secretary of state shall prescribe the specifications, including style, form, color, quality and dimensions, for the cards, records, forms, lists, binders, cabinets or other supplies to be used in recording and maintaining voter registration records.))

          (1) The secretary of state shall ((design a unified)) specify by rule the form of the voter registration ((form)) records required under RCW 29.07.070 and section 1 of this 1990 act.  These forms shall be compatible with existing voter registration records ((which will allow the preparation, by the registration officer or other public officer from a single card or paper, of all the voter registration forms required by law, as of July 16, 1973, to be completed by the registering voter, so that the registering voter need sign)).  An applicant for voter registration shall be required to complete only one form and ((need write out)) to provide the required information other than his or her signature no more than one time.

          ((This)) These forms shall also contain ((the)) information ((necessary to permit)) for the voter to transfer his or her registration ((as provided by RCW 29.10.020, as it now exists or is hereafter amended)).

          (2) The secretary of state shall adopt by rule a uniform data format for transferring voter registration records on machine-readable media.

          (3) All registration forms ((necessary to carry out the registration of voters as provided by RCW 29.07.060 through 29.07.095)) required under RCW 29.07.070 and section 1 of this 1990 act shall be produced and furnished by the secretary of state ((of Washington without cost)) to the ((respective)) county auditors and the department of licensing.

          ((He shall notify each county auditor what the specifications are, and they must in their procurement and use comply with them.))

          (4) The secretary of state shall produce and distribute any instructional material and other supplies needed to implement sections 1 through 6 of this 1990 act.

 

          NEW SECTION.  Sec. 10.  A new section is added to chapter 29.07 RCW to read as follows:

          The secretary of state shall:

          (1) Coordinate with the department of licensing and county auditors on the implementation of sections 1 through 6 of this act;

          (2) Adopt rules governing the delivery and processing of voter registrations submitted under section 1 of this act and insuring the integrity of the voter registration process and of the data on registered voters collected under sections 1 through 6 of this act;

          (3) Develop and enter into interlocal agreements with county auditors and with the department of licensing governing the systems development, testing, implementation, and other data processing services provided by the county auditors and the department of licensing in carrying out sections 1 through 6 of this act and providing for the reimbursement of all costs to county auditors and the department of licensing for these data processing services.

 

          NEW SECTION.  Sec. 11.  A new section is added to chapter 29.07 RCW to read as follows:

          The secretary of state shall include in his or her biennial budget requests sufficient funds to carry out the purposes of sections 1 through 6 of this act, including the reimbursement of costs to county auditors and the department of licensing under section 10(3) of this act.

 

          NEW SECTION.  Sec. 12.    Sections 1 through 8 of this act shall take effect on January 1, 1992.