AN ACT Relating to elections; amending RCW 29.07.070, 29.07.080, 29.07.140, 29.07.160, 29.10.180, 29.62.090, and 29.36.070; adding new chapters to Title 29 RCW; adding a new section to chapter 29.07 RCW; creating a new section; repealing RCW 29.07.040; prescribing penalties; making an appropriation; and providing effective dates.

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

NEW SECTION. Sec. 1. (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;

(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 confinement 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. (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. 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. (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. 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. 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~~)) Except as provided under section 1 of this 1990 act, an applicant for voter registration((,)) shall provide a voter registrar with the following information concerning his or her qualifications as a voter ((~~of the state, and of the county, city, town, and precinct in which he applies for registration, requiring him to~~)) in this state:

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

(2) ((~~His~~)) The applicant's full name;

(3) The applicant's date of birth;

(4) ((~~Place of~~)) The address of the applicant's residence((~~, street and number, if any, or post office or rural mail route address~~)) for voting purposes;

(5) ((~~Whether he~~)) The mailing address of the applicant if that address is not the same as the address is subsection (4) of this section;

(6) The sex of the applicant; and

(7) A declaration that the applicant is a citizen of the United States.

((~~Answers to all questions~~)) This information shall be ((~~inserted~~)) recorded on a single registration form to be prescribed by the secretary of state.

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

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:

For voter registrations under RCW 29.07.070, the registrar shall ((~~note the sex of the applicant on the registration form. He shall then~~)) require the applicant to sign ((an)) the following 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~~)) on this voter registration ((~~officer in my presence,~~)) form are true. I ((~~further certify that~~)) 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 ((~~that~~)) I will be at least eighteen years of age at the time of voting."((~~; and~~))

The registration officer shall ((~~sign~~)) attest and date ((~~such~~)) this oath ((~~in verification of the fact that the same was signed and sworn to before him~~)) 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.))

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. 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. 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.

Sec. 12. Section 29.07.160, chapter 9, Laws of 1965 as last amended by section 4, chapter 3, Laws of 1980 and RCW 29.07.160 are each amended to read as follows:

The registration files of all precincts shall be closed against original registration or transfers for thirty days immediately preceding every primary, special election, and general election ((~~and primary~~)) to be held in such precincts((~~, respectively~~)).

The county auditor shall give notice of the closing of ((~~said~~)) the precinct files for original registration and transfer and notice of the special registration and voting procedure provided by section 13 of this 1990 act by one publication in a newspaper of general circulation in the county at least five days before ((~~such~~)) the closing((~~, except as provided for special elections in accordance with section 3 of this 1980 act~~)) of the precinct files.

No person may vote at any primary, special election, or general election in a precinct polling place unless he or she has registered to vote at least thirty days before that primary or election. If a person, otherwise qualified to vote in the state, county, and precinct in which he or she applies for registration, does not register at least thirty days before any primary, special election, or general election, he or she may register and vote by absentee ballot for that primary or election as authorized under section 13 of this 1990 act.

NEW SECTION. Sec. 13. A new section is added to chapter 29.07 RCW to read as follows:

After the closing of registration for voting at the polls under RCW 29.07.160, but not later than fifteen days before a primary, special election, or general election, an unregistered qualified elector may register in person in the office of the county auditor or at a voter registration location specifically designated for this purpose by the county auditor of the county in which the applicant resides, and apply for an absentee ballot for that primary or election. The auditor or voter registrar shall register that individual in the manner provided in this chapter. The application for an absentee ballot executed by the newly registered voter for the primary or election that follows the execution of the registration shall be promptly transmitted to the auditor with the completed voter registration form.

NEW SECTION. Sec. 14. Unless the context clearly requires otherwise, "by mail" means delivery of a completed original voter registration form by mail, by personal delivery, or by courier to a county auditor.

NEW SECTION. Sec. 15. The county auditor is responsible for the conduct of voter registration under this chapter within the county. Except where inconsistent with this chapter, the remaining provisions of Title 29 RCW apply to registration by mail.

NEW SECTION. Sec. 16. Any elector of this state may register to vote by mail under this chapter.

NEW SECTION. Sec. 17. The county auditor shall distribute forms by which a person may register to vote by mail 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. 18. In addition to the information required under RCW 29.07.070, when registering to vote by mail under this chapter, the applicant shall provide his or her driver's license number from a valid Washington state driver's license.

If the applicant does not have a valid Washington state driver's license, then the applicant shall provide his or her social security number.

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 his or her valid Washington state identicard.

If the applicant does not provide the information required in this section, the county auditor shall not process the form until the information is provided.

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 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."

The voter registration by mail form shall provide, in a conspicuous place, the following warning: "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 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."

NEW SECTION. Sec. 19. A person qualified to vote who wishes to register to vote, but who cannot provide the information required under section 18 of this act, may register in person under chapter 29.07 RCW.

NEW SECTION. Sec. 20. 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. If it is not, the auditor shall promptly send notice of the deficiency to the applicant. If the information is complete, the applicant is registered as of the date of the application's postmark. If there is no postmark or if the postmark is illegible, the applicant is registered on the date the complete and correct application was received by the auditor. The auditor shall record the appropriate precinct identification, taxing district identification, and date of registration on the voter's record. Within forty-five days after the receipt of an application but no later than seven days before the next primary, special election, or general election, the auditor shall 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 promptly send the applicant a notice and explanation of the cancellation, and a registration application form. The postal service shall be requested to forward this notice as applicable.

NEW SECTION. Sec. 21. The secretary of state shall adopt an application form for registering by mail under RCW 29.07.140. An applicant registering to vote by mail shall be required to complete only one form and to provide the required information, other than his or her signature, no 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. The secretary of state shall develop the forms in consultation with the county auditors.

NEW SECTION. Sec. 22. 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.

NEW SECTION. Sec. 23. Violations of this chapter shall be prosecuted under RCW 29.85.190, 29.85.200, or any other applicable sections of chapter 29.85 RCW.

Sec. 24. Section 1, chapter 359, Laws of 1987 as amended by section 1, chapter 261, Laws of 1989 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 other than a voter identification card issued under section 20 of this act 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 and to any other address at which the county auditor could reasonably expect mail to be received by the voter. 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 address information on the permanent registration record no later than the forty-fifth 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 any address 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 any voter whose registration has been canceled by sending, by first class mail, a written notice to the address indicated on the voter's permanent registration record and to any other address to which the original inquiry was sent. Upon receipt of a satisfactory voter response, the auditor shall reinstate the voter.

(6) A voter whose registration has been canceled under this section and who offers to vote at the next ensuing election shall be issued a questioned ballot. Upon receipt of such a questioned ballot the auditor shall investigate the circumstances surrounding the original cancellation. If he or she determines that the cancellation was in error, the voter's registration shall be immediately reinstated, and the voter's questioned ballot shall be counted. If the original cancellation was not in error, the voter shall be afforded the opportunity to reregister at his or her correct address, and the voter's questioned ballot shall not be counted.

NEW SECTION. Sec. 25. (1) Sections 1 through 6, 10, and 11 of this act shall constitute a new chapter in Title 29 RCW.

(2) Sections 14 through 23 of this act shall constitute a new chapter in Title 29 RCW.

NEW SECTION. Sec. 26. 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.

Sec. 27. Section 29.62.090, chapter 9, Laws of 1965 as amended by section 96, chapter 361, Laws of 1977 ex. sess. and RCW 29.62.090 are each amended to read as follows:

(1) Immediately after the official results of a state primary or general election in ((~~his~~)) a county are ascertained, the county auditor or other election officer shall make an abstract of the number of registered voters in each precinct and of all the votes cast in ((~~his~~)) each precinct in the county at such state primary or general election for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass. The abstract shall be entered on blanks furnished by the secretary of state or on compatible computer printouts approved by the secretary of state, and transmitted to the secretary of state no later than the next business day following the certification by the county canvassing board.

(2) After each general election in an even-numbered year, the county auditor or other election officer shall provide to the secretary of state a report of the number of absentee ballots cast in each precinct for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvas. The report may be included in the abstract required by this section or may be transmitted to the secretary of state separately, but in no event later than March 31 of the year following the election. Absentee ballot results may be incorporated into votes cast at the polls for each precinct or may be reported separately on a precinct by precinct basis.

(3) If absentee ballot results are not incorporated into votes cast at the polls, the county auditor or other election official may aggregate results from more than one precinct if the auditor, pursuant to rules adopted by the secretary of state, finds that reporting a single precinct's absentee ballot results would jeopardize the secrecy of a person's ballot. To the extent practicable, precincts for which absentee results are aggregated shall be contiguous.

Sec. 28. Section 29.36.070, chapter 9, Laws of 1965 as last amended by section 15, chapter 346, Laws of 1987 and RCW 29.36.070 are each amended to read as follows:

The absentee ballots shall be grouped and counted by congressional and legislative district ((~~without regard to precinct~~)) and as required under RCW 29.62.090.

These returns shall be added to the total of the votes cast at ((~~all~~)) the polling places.

NEW SECTION. Sec. 29. (1) Sections 1 through 8 of this act shall take effect on January 1, 1992.

(2) Sections 14 through 23 and 26 of this act shall take effect January 1, 1991.

NEW SECTION. Sec. 30. There is appropriated from the general fund to the secretary of state the sum of three hundred thousand dollars, or as much thereof as may be necessary, for the biennium ending June 30, 1991, for the purposes of section 27 of this act.

NEW SECTION. Sec. 31. Sections 1 through 6, 10, 11, and 13 through 23 of this act may be known and cited as the voters' rights act of 1990.