_______________________________________________
SUBSTITUTE SENATE BILL NO. 6031
_______________________________________________
C 143 L 90
State of Washington 51st Legislature 1990 Regular Session
By Senate Committee on Law & Justice (originally sponsored by Senators Nelson, Rasmussen, Talmadge and von Reichbauer)
Read first time 1/30/90.
AN ACT Relating to voter registration in driver's licensing facilities; amending RCW 29.07.070, 29.07.080, 29.07.140, and 29.85.200; 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)) 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 in subsection (4) of this section;
(6) The sex of the applicant;
(7) A declaration that the applicant is a citizen of the United States; and
(8) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.
((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:
"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."
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 executed under this section, 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. 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.
Sec. 12. Section 29.85.200, chapter 9, Laws of 1965 as amended by section 110, chapter 361, Laws of 1977 ex. sess. and RCW 29.85.200 are each amended to read as follows:
Any person who:
(1) Knowingly
((gives)) provides false information on an application for voter
registration((, or who)) under any provision of this title;
(2) Knowingly
makes or attests to a false declaration as to his or her qualifications
as a voter((, or who falsely personates another and procures));
(3)
Knowingly causes or permits himself or herself to be registered ((as the
person so personated, or)) using the name of another person;
(4)
Knowingly causes himself or herself to be registered under two or more
different names((,)); or
(5)
Knowingly causes any ((name)) person to be registered ((otherwise
than in the manner provided by law)) or causes any registration to be
transferred or canceled except as authorized under this title, shall be
guilty of a class C felony under RCW 9A.72.030.
NEW SECTION. Sec. 13. Sections 1 through 8 of this act shall take effect January 1, 1992.