Whenever the canvassing board finds during the initial counting process, or during any subsequent recount thereof, that there is an apparent discrepancy or an inconsistency in the returns of a primary or election, or that election staff has made an error regarding the treatment or disposition of a ballot, the board may recanvass the ballots or voting devices in any precincts of the county. The canvassing board shall conduct any necessary recanvass activity on or before the last day to certify or recertify the results of the primary ((or)), election, or subsequent recount and correct any error and document the correction of any error that it finds.

      Sec. 18. RCW 29A.60.250 and 2003 c 111 s 1525 are each amended to read as follows:

      As soon as the returns have been received from all the counties of the state, but not later than the thirtieth day after the election, the secretary of state shall ((make a)) canvass ((of such of the returns as are not required to be canvassed by the legislature and make out a statement thereof, file it in his or her office, and transmit a certified copy to the governor)) and certify the returns of the general election as to candidates for state offices, the United States senate, congress, and all other candidates whose districts extend beyond the limits of a single county. The secretary of state shall transmit a copy of the certification to the governor, president of the senate, and speaker of the house of representatives.

      Sec. 19. RCW 29A.64.021 and 2004 c 271 s 178 are each amended to read as follows:

      (1) If the official canvass of all of the returns for any office at any primary or election reveals that the difference in the number of votes cast for a candidate apparently nominated or elected to any office and the number of votes cast for the closest apparently defeated opponent is less than two thousand votes and also less than one-half of one percent of the total number of votes cast for both candidates, the county canvassing board shall conduct a recount of all votes cast on that position.

      (a) Whenever such a difference occurs in the number of votes cast for candidates for a position the declaration of candidacy for which was filed with the secretary of state, the secretary of state shall, within three business days of the day that the returns of the primary or election are first certified by the canvassing boards of those counties, direct those boards to recount all votes cast on the position.

      (b)(i) For statewide elections, if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one ((hundred fifty)) thousand votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.

      (ii) For elections not included in (b)(i)of this subsection, if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one hundred fifty votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.

      (2) A mandatory recount shall be conducted in the manner provided by RCW 29A.64.030, 29A.64.041, and 29A.64.061. No cost of a mandatory recount may be charged to any candidate.

      (3) The apparent winner and closest apparently defeated opponent for an office for which a manual recount is required under subsection (1)(b) of this section may select an alternative method of conducting the recount. To select such an alternative, the two candidates shall agree to the alternative in a signed, written statement filed with the election official for the office. The recount shall be conducted using the alternative method if: It is suited to the balloting system that was used for casting the votes for the office; it involves the use of a vote tallying system that is approved for use in this state by the secretary of state; and the vote tallying system is readily available in each county required to conduct the recount. If more than one balloting system was used in casting votes for the office, an alternative to a manual recount may be selected for each system.

      NEW SECTION. Sec. 20. A new section is added to chapter 29A.60 RCW to read as follows:

      No later than thirty days after final certification, the county auditor shall prepare and make publicly available at the auditor's office or on the auditor's web site, an election reconciliation report that discloses, at a minimum, the following information: The number of ballots counted; the number of voters credited with voting; the number of provisional ballots issued; the number of provisional ballots counted; the number of provisional ballots rejected; the number of absentee ballots issued; the number of absentee ballots counted; the number of absentee ballots rejected; the number of federal write-in ballots counted; the number of ballots sent to overseas voters and the number of such ballots that were counted; and any other information the auditor determines to be necessary to the process of reconciling the number of votes counted with the number of voters credited with voting.

      Sec. 21. RCW 29A.64.030 and 2003 c 111 s 1603 are each amended to read as follows:

      An application for a recount shall state the office for which a recount is requested and whether the request is for all or only a portion of the votes cast in that jurisdiction of that office. The person filing an application for a manual recount shall, at the same time, deposit with the county canvassing board or secretary of state, in cash or by certified check, a sum equal to twenty-five cents for each ballot cast in the jurisdiction or portion of the jurisdiction for which the recount is requested as security for the payment of any costs of conducting the recount. If the application is for a machine recount, the deposit must be equal to fifteen cents for each ballot. These charges shall be determined by the county canvassing board or boards under RCW ((29A.64.080)) 29A.64.081.

      The county canvassing board shall determine ((a)) the date, time, and ((a)) place or places at which the recount will be conducted. ((This time shall be less than three business days after the day upon which: The application was filed with the board; the request for a recount or directive ordering a recount was received by the board from the secretary of state; or the returns are certified which indicate that a recount is required under RCW 29A.64.020 for an issue or office voted upon only within the county.)) Not less than two days before the date of the recount, the county auditor shall mail a notice of the time and place of the recount to the applicant or affected parties and, if the recount involves an office, to any person for whom votes were cast for that office. The county auditor shall also notify the affected parties by either telephone, fax, e-mail, or other electronic means at the time of mailing. At least three attempts must be made over a two-day period to notify the affected parties or until the affected parties have received the notification. Each attempt to notify affected parties must request a return response indicating that the notice has been received. Each person entitled to receive notice of the recount may attend, witness the recount, and be accompanied by counsel.

      Proceedings of the canvassing board are public under chapter 42.30 RCW. Subject to reasonable and equitable guidelines adopted by the canvassing board, all interested persons may attend and witness a recount.

      Sec. 22. RCW 29A.64.061 and 2004 c 271 s 180 are each amended to read as follows:

      Upon completion of the canvass of a recount, the canvassing board shall prepare and certify an amended abstract showing the votes cast in each precinct for which the recount was conducted. Copies of the amended abstracts must be transmitted to the same officers who received the abstract on which the recount was based.

      If the nomination, election, or issue for which the recount was conducted was submitted only to the voters of a county, the canvassing board shall file the amended abstract with the original results of that election or primary.

      If the nomination, election, or issue for which a recount was conducted was submitted to the voters of more than one county, the secretary of state shall canvass the amended abstracts and shall file an amended abstract with the original results of that election. The secretary of state may require that the amended abstracts be certified by each canvassing board on a uniform date. An amended abstract certified under this section supersedes any prior abstract of the results for the same offices or issues at the same primary or election.

      Sec. 23. RCW 29A.68.011 and 2004 c 271 s 182 are each amended to read as follows:

      Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any person charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge by affidavit of an elector that:

      (1) An error or omission has occurred or is about to occur in printing the name of any candidate on official ballots; or

      (2) An error other than as provided in subsections (1) and (3) of this section has been committed or is about to be committed in printing the ballots; or

      (3) The name of any person has been or is about to be wrongfully placed upon the ballots; or

      (4) A wrongful act other than as provided for in subsections (1) and (3) of this section has been performed or is about to be performed by any election officer; or

      (5) Any neglect of duty on the part of an election officer other than as provided for in subsections (1) and (3) of this section has occurred or is about to occur; or

      (6) An error or omission has occurred or is about to occur in the issuance of a certificate of election.

      An affidavit of an elector under subsections (1) and (3) ((above)) of this section when relating to a primary election must be filed with the appropriate court no later than the second Friday following the closing of the filing period for nominations for such office and shall be heard and finally disposed of by the court not later than five days after the filing thereof. An affidavit of an elector under subsections (1) and (3) of this section when relating to a general election must be filed with the appropriate court no later than three days following the official certification of the primary election returns and shall be heard and finally disposed of by the court not later than five days after the filing thereof. An affidavit of an elector under subsection (6) of this section shall be filed with the appropriate court no later than ten days following the ((issuance of a certificate of election)) official certification of the election as provided in RCW 29A.60.190, 29A.60.240, or 29A.60.250 or, in the case of a recount, ten days after the official certification of the amended abstract as provided in RCW 29A.64.061.

      NEW SECTION. Sec. 24. A new section is added to chapter 29A.84 RCW to read as follows:

      A person who knowingly destroys, alters, defaces, conceals, or discards a completed voter registration form or signed absentee or provisional ballot signature affidavit is guilty of a class C felony punishable under RCW 9A.20.021. This section does not apply to (1) the voter who completed the voter registration form, or (2) a county auditor or registration assistant who acts as authorized by voter registration law.

      Sec. 25. RCW 29A.84.650 and 2003 c 111 s 2131 are each amended to read as follows:

      (1) Any person who intentionally or knowingly votes or attempts to vote more than once ((at any)) in this state in the same primary or general or special election, or who is registered to vote in another state and who votes or attempts to vote in this state, is guilty of a ((gross misdemeanor)) class C felony, punishable ((to the same extent as a gross misdemeanor that is punishable)) under RCW 9A.20.021.

      (2) Any person who recklessly or negligently violates this section has committed a class 1 civil infraction as provided in RCW 7.80.120. The county prosecuting attorney is authorized to enforce this subsection."

      Senator Kastama spoke in favor of adoption of the striking amendment.

MOTION

Senator Roach moved that the following amendment by Senator Roach to the striking amendment be adopted.

      On page 1, after line 2 of the amendment, insert the following:

      "NEW SECTION. Sec. 1. The uniform application of election laws, rules, and procedures is of paramount importance to the citizens of this state. It is the intent of the legislature to make the position of county auditor, and of the chief elections official, however named, in all counties an elective office. This act therefore applies to all counties, including without limitation counties operating under a home rule charter.

      Sec. 2. RCW 29A.04.216 and 2004 c 271 s 104 are each amended to read as follows:

      The county auditor, as chief elections officer, of each county shall be ex officio the supervisor of all primaries and elections, general or special, and it shall be the county auditor's duty to provide places for holding such primaries and elections; to appoint the precinct election officers and to provide for their compensation; to provide the supplies and materials necessary for the conduct of elections to the precinct election officers; and to publish and post notices of calling such primaries and elections in the manner provided by law. The notice of a primary held in an even-numbered year must indicate that the office of precinct committee officer will be on the ballot. The auditor shall also apportion to each city, town, or district, and to the state of Washington in the odd-numbered year, its share of the expense of such primaries and elections. This section does not apply to general or special elections for any city, town, or district that is not subject to RCW 29A.04.321 and 29A.04.330, but all such elections must be held and conducted at the time, in the manner, and by the officials (with such notice, requirements for filing for office, and certifications by local officers) as provided and required by the laws governing such elections.

      Sec. 3. RCW 36.16.030 and 1996 c 108 s 1 are each amended to read as follows:

      Except as provided elsewhere in this section, in every county there shall be elected from among the qualified voters of the county a county assessor, a county auditor, a county clerk, a county coroner, three county commissioners, a county prosecuting attorney, a county sheriff and a county treasurer, except that in each county with a population of less than forty thousand no coroner shall be elected and the prosecuting attorney shall be ex officio coroner. Whenever the population of a county increases to forty thousand or more, the prosecuting attorney shall continue as ex officio coroner until a coroner is elected, at the next general election at which the office of prosecuting attorney normally would be elected, and assumes office as provided in RCW ((29.04.170)) 29A.20.040. In any county where the population has once attained forty thousand people and a current coroner is in office and a subsequent census indicates less than forty thousand people, the county legislative authority may maintain the office of coroner by resolution or ordinance. If the county legislative authority has not passed a resolution or enacted an ordinance to maintain the office of coroner, the elected coroner shall remain in office for the remainder of the term for which he or she was elected, but no coroner shall be elected at the next election at which that office would otherwise be filled and the prosecuting attorney shall be the ex officio coroner. In a county with a population of two hundred fifty thousand or more, the county legislative authority may replace the office of coroner with a medical examiner system and appoint a medical examiner as specified in RCW 36.24.190. A noncharter county may have five county commissioners as provided in RCW 36.32.010 and 36.32.055 through 36.32.0558."

      Renumber the sections following consecutively and correct any internal references accordingly.

      On page 22, line 9 of the title amendment, after "RCW" insert "29A.04.216, 36.16.030,"

      On page 22, line 15 of the title amendment, after "RCW;" insert "creating a new section;"

      Senators Roach, Sheldon and Schmidt spoke in favor of adoption of the amendment to the striking amendment.

      Senators Kastama and Pridemore spoke against adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Roach, on page 1, after line 2 to the striking amendment to Substitute Senate Bill No. 5499.

MOTION

      Senator Roach demanded a division.

The motion by Senator Roach failed and the amendments to the striking amendment were not adopted by a rising vote.

MOTION

Senator Morton moved that the following amendment by Senator Morton to the striking amendment be adopted.

      On page 1, after line 2 of the amendment, insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that a person's right to privacy with respect to his or her vote for an elective office is of the highest importance, and it is the duty of the legislature to do everything within the constitutional limitations of its power to protect that privacy. It is the intent of the legislature to protect each person's vote by disallowing the practice of altering, defacing, removing, covering, or destroying by any means a vote of a citizen.

      NEW SECTION. Sec. 2. A new section is added to chapter 29A.04 RCW to read as follows:

      "Mark of identification" means any mark, symbol, sign, spot, dot, or speck placed on a ballot that either does not follow the rules of the voting procedure provided for in the voting directions or has the potential to link a ballot to a particular voter. A vote for a candidate on a ballot that fully adheres to the rules of the voting procedure provided for in the voting directions is not a mark of identification.

      NEW SECTION. Sec. 3. A new section is added to chapter 29A.04 RCW to read as follows:

      "Ballot enhancement" is the process of adding, modifying, or covering marks of identification on a ballot to ensure that the electronic voting equipment will tally the votes on the ballot in the manner intended by the voter, or as directed by the canvassing board."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      On page 12, beginning on line 31 of the amendment, strike all of section 11 and insert the following:

      "NEW SECTION. Sec. 11. A new section is added to chapter 29A.60 RCW to read as follows:

      (1) Ballots may not be enhanced, as defined in section 3 of this act. If a ballot is rejected by a tabulating machine during the tallying or machine recount process, the ballot must be separated from all other validly tabulated ballots and later considered by the canvassing board. If the voter did not follow the rules of the voting procedure provided for in the voting directions, the canvassing board is prohibited from inferring intent or enhancing or duplicating a ballot and must reject the ballot as invalid. Any mark of identification, as defined in section 2 of this act, on a ballot, invalidate the ballot.

      (2) A ballot may not be enhanced or duplicated for any reason."

      On page 22, line 12 of the title amendment, after "29A.84.650;" insert "adding new sections to chapter 29A.04 RCW;" and on line 15 of the title amendment, after "RCW;" insert "creating a new section;"

      Senators Morton, Roach and Benson spoke in favor of adoption of the amendment to the striking amendment.

      Senators Kastama and Haugen spoke against adoption of the amendment to the striking amendment.

      Senator Esser demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was sustained.

The President declared the question before the Senate to be the adoption of the amendment by Senator Morton on page 1, after line 2 to the striking amendment to Substitute Senate Bill No. 5499.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Morton to the striking amendment and the amendment was not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 23

      Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25

      Excused: Senator Oke - 1

MOTION

Senator Roach moved that the following amendment by Senator Roach to the striking amendment be adopted.

      On page 1, after line 2 of the amendment, insert the following:

      "Sec. 1. RCW 28A.230.090 and 2004 c 19 s 103 are each amended to read as follows:

      (1) The state board of education shall establish high school graduation requirements or equivalencies for students.

      (a) Any course in Washington state history and government used to fulfill high school graduation requirements is encouraged to include information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state.

      (b) Any course in United States history or government used to fulfill high school graduation requirements must include information on voting in and the process of both the primary and general elections, the absentee and provisional ballot processes, and a discussion of the state voters' pamphlet. The certificate of academic achievement requirements under RCW 28A.655.061 or the certificate of individual achievement requirements under RCW 28A.155.045 are required for graduation from a public high school but are not the only requirements for graduation.

      (c) Any decision on whether a student has met the state board's high school graduation requirements for a high school and beyond plan shall remain at the local level.

      (2) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board.

      (3) Pursuant to any requirement for instruction in languages other than English established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in American sign language or one or more American Indian languages shall be considered to have satisfied the state or local school district graduation requirement for instruction in one or more languages other than English.

      (4) If requested by the student and his or her family, a student who has completed high school courses before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if:

      (a) The course was taken with high school students, if the academic level of the course exceeds the requirements for seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or

      (b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors.

      (5) Students who have taken and successfully completed high school courses under the circumstances in subsection (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit.

      (6) At the college or university level, five quarter or three semester hours equals one high school credit."

      Renumber the sections following consecutively and correct internal references accordingly.

      On page 22, line 9 of the title amendment, after "RCW" insert "28A.230.090,"

      Senators Roach and Mulliken spoke in favor of adoption of the amendment to the striking amendment.

      Senators McAuliffe and Brown spoke against adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 1, after line 2 to the striking amendment to Substitute Senate Bill No. 5499.

The motion by Senator Roach failed and the amendment to the striking amendment was not adopted by voice vote.

MOTION

Senator Mulliken moved that the following amendment by Senator Mulliken to the striking amendment be adopted.

      On page 1, beginning on line 3 of the amendment, strike all of section 1 and insert the following:

      "Sec. 1. RCW 29A.04.008 and 2004 c 271 s 102 are each amended to read as follows:

      As used in this title:

      (1) "Ballot" means, as the context implies, either:

      (a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;

      (b) A facsimile of the contents of a particular ballot whether printed on a paper ballot or ballot card or as part of a voting machine or voting device;

      (c) A physical or electronic record of the choices of an individual voter in a particular primary, general election, or special election; or

      (d) The physical document on which the voter's choices are to be recorded;

      (2) "Paper ballot" means a piece of paper on which the ballot for a particular election or primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually;

      (3) "Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure and that is to be tabulated on a vote tallying system;

      (4) "Sample ballot" means a printed facsimile of all the issues and offices on the ballot in a jurisdiction and is intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general election, or special election;

      (5) "Provisional ballot" means a ballot issued to a voter at the polling place on election day by the precinct election board, for one of the following reasons:

      (a) The voter's name does not appear in the poll book for the precinct at which the voter appears and who therefore cannot be verified as a registered voter;

      (b) There is an indication in the poll book that ((the voter has requested)) an absentee ballot((, but the voter wishes to vote at the polling place)) has been issued;

      (c) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote;

      (d) Other circumstances as determined by the precinct election board;

      (e) Any other reason allowed by law;

      (6) "Party ballot" means a primary election ballot specific to a particular major political party that lists all partisan offices to be voted on at that primary, and the candidates for those offices who affiliate with that same major political party;

      (7) "Nonpartisan ballot" means a primary election ballot that lists all nonpartisan races and ballot measures to be voted on at that primary."

      Renumber the sections consecutively and correct any internal references accordingly.

      On page 8, after line 19 of the amendment, insert the following:

      "Sec. 5. RCW 29A.08.625 and 2003 c 111 s 240 are each amended to read as follows:

      (1) A voter whose registration has been made inactive under this chapter and who offers to vote at an ensuing election before two federal elections have been held must be allowed to vote a regular ballot and the voter's registration restored to active status.

      (2) A voter whose registration has been properly canceled under this chapter shall vote a provisional ballot. The voter shall mark the provisional ballot in secrecy, the ballot placed in a security envelope, the security envelope placed in a provisional ballot envelope, and the reasons for the use of the provisional ballot noted.

      (3) Upon receipt of such a voted provisional 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 must be immediately reinstated, and the voter's provisional ballot must be counted. If the original cancellation was not in error, the voter must be afforded the opportunity to reregister at his or her correct address, and the voter's provisional ballot must not be counted.

      (4) The names and addresses of provisional voters is not a matter of public record, and no one other than an election officer may contact an individual provisional voter. The election officer shall contact the voter via first class mail within forty-eight hours of discovery and shall inform the voter of relevant deadlines.

      Sec. 6. RCW 29A.08.820 and 2003 c 111 s 254 are each amended to read as follows:

      When the right of a person has been challenged under RCW 29A.08.810 or 29A.08.830(2), the challenged person shall be permitted to vote a provisional ballot, which shall be placed in a sealed envelope separate from other voted ballots. In precincts where voting machines are used, any person whose right to vote is challenged under RCW 29A.08.810 or 29A.08.830(2) shall be furnished a provisional paper ballot, which shall be placed in a sealed envelope after being marked. Included with the ((challenged)) provisional ballot shall be (1) an affidavit filed under RCW 29A.08.830 challenging the person's right to vote or (2) an affidavit signed by the precinct election officer and any third party involved in the officer's challenge and stating the reasons the voter is being challenged. The sealed provisional ballots ((of challenged voters)) shall be transmitted at the close of the election to the canvassing board or other authority charged by law with canvassing the returns of the particular primary or election. The county auditor shall notify the challenger and the challenged voter, by certified mail, of the time and place at which the county canvassing board will meet to rule on ((challenged)) provisional ballots. If the challenge is made by a precinct election officer under RCW 29A.08.810, the officer must appear in person before the board unless he or she has received written authorization from the canvassing board to submit an affidavit supporting the challenge. If the challenging officer has based his or her challenge upon evidence provided by a third party, that third party must appear with the challenging officer before the canvassing board, unless he or she has received written authorization from the canvassing board to submit an affidavit supporting the challenge. If the challenge is filed under RCW 29A.08.830, the challenger must either appear in person before the board or submit an affidavit supporting the challenge. The challenging party must prove to the canvassing board by clear and convincing evidence that the challenged voter's registration is improper. If the challenging party fails to meet this burden, the ((challenged)) provisional ballot shall be accepted as valid and counted. The canvassing board shall give the challenged voter the opportunity to present testimony, either in person or by affidavit, and evidence to the canvassing board before making their determination. All ((challenged)) provisional ballots must be determined no later than the time of canvassing for the particular primary or election. The decision of the canvassing board or other authority charged by law with canvassing the returns shall be final. Challenges of absentee ballots shall be determined according to RCW 29A.40.140.

      Sec. 7. RCW 29A.08.830 and 2003 c 111 s 255 are each amended to read as follows:

      (1) Any registered voter may request that the registration of another voter be canceled if he or she believes that the voter does not meet the requirements of Article VI, section 1 of the state Constitution or that voter no longer maintains a legal voting residence at the address shown on his or her registration record. The challenger shall file with the county auditor a signed affidavit subject to the penalties of perjury, to the effect that to his or her personal knowledge and belief another registered voter does not actually reside at the address as given on his or her registration record or is otherwise not a qualified voter and that the voter in question is not protected by the provisions of Article VI, section 4, of the Constitution of the state of Washington. The person filing the challenge must furnish the address at which the challenged voter actually resides.

      (2) Any such challenge of a voter's registration and right to vote made less than thirty days before a primary or election, special or general, shall be administered under RCW 29A.08.820. The county auditor shall notify the challenged voter and the precinct election officers in the voter's precinct that a challenge has been filed, provide the name of the challenger, and instruct both the precinct election officers and the voter that, in the event the challenged voter desires to vote at the ensuing primary or election, a ((challenged)) provisional ballot will be provided. The voter shall also be informed that the status of his or her registration and the disposition of any ((challenged)) provisional ballot will be determined by the county canvassing board in the manner provided by RCW 29A.08.820. If the challenged voter does not vote at the ensuing primary or election, the challenge shall be processed in the same manner as challenges made more than thirty days prior to the primary or election under RCW 29A.08.840."

      Renumber the sections following consecutively and correct internal references accordingly.

      On page 11, beginning on line 20 of the amendment, strike all of section 8, and insert the following:

      "NEW SECTION. Sec. 8. (1) Provisional or questionable ballots must not be tallied until the validity of the ballot or the voter has been confirmed and, if so, the ballots will be processed in similar manner to absentee ballots. A provisional ballot is issued to a person seeking to vote in a polling place under the following circumstances:

      (a) The name of the voter does not appear in the poll book and:

      (i) The voter's registration was canceled but the voter questions the validity of the cancellation;

      (ii) The status of the voter's registration cannot be determined at that time; or

      (iii) The voter is registered and assigned to another polling place or jurisdiction;

      (b) The voter's name is in the poll book but there is an indication that the voter was issued an absentee ballot, and the voter wishes to vote at the polls; or

      (c) Other circumstances as determined by the precinct election official.

      (2) The precinct election official shall issue a provisional ballot outer envelope and a security envelope to the voter eligible for a provisional ballot. The voter shall vote the ballot in secrecy and, when done, place the ballot in the security envelope, then place the security envelope with the ballot in it in the provisional ballot outer envelope and return it to the precinct election official. The precinct election official shall ensure that the required information is completed on the outside of the outer envelope and have the voter sign it in the appropriate space, and place it in a secure container designated for provisional ballots only.

      (3) When the provisional ballot, including provisional ballots from other counties or states, are received in the elections center, the circumstances surrounding the provisional ballot must be investigated before certification of the primary or election. A provisional ballot cannot be tallied if the registered voter did not sign either the poll book or the provisional ballot envelope.

      (4) When it is determined that the ballot is to be counted, the ballot must be processed in a manner similar to an absentee ballot except the provisional ballot outer envelopes must be retained separately from the absentee ballot return envelopes. The manual inspection of the ballots as required in WAC 434-261-070 or its successor must also be carried out.

      NEW SECTION. Sec. 9. At a minimum, the following information will be required to be printed on the outer provisional ballot envelope:

      (1) An oath for the voter to sign, as required by the Help America Vote Act, which must be included in substantially the following form:

      "I affirm that I am a registered voter in the jurisdiction in which I am appearing and in which I wish to vote; and that I am eligible to vote in this election.";

      (2) Name and signature of voter (must be the same as on the oath);

      (3) Voter's registered address both present and former, if applicable;

      (4) Voter's date of birth;

      (5) Reason for the provisional ballot;

      (6) Precinct and polling place at which voter has voted;

      (7) Sufficient space to list disposition of the ballot after review by the county auditor.

      No provisional ballot may be rejected for lack of the information described in this section as long as the voter provides a valid signature and sufficient information to determine eligibility.

      NEW SECTION. Sec. 10. (1) Upon receipt of the provisional ballot, including provisional ballots from other counties or states, the auditor must investigate the circumstances surrounding the provisional ballot before certification of the primary or election. A provisional ballot cannot be counted if the registered voter did not sign both the poll book and the provisional ballot envelope.

      (a) If there is no record of the voter ever having been registered, the voter must be offered the opportunity to register, but the provisional ballot for the current election will not be counted.

      (b) If the voter was previously registered and later canceled and the auditor determines that the cancellation was in error, the voter's registration will be immediately restored and the provisional ballot counted.

      (c) If the auditor determines that the cancellation was not in error, the voter must be given the opportunity to reregister at the voter's correct address, but the provisional ballot for the current election will not be counted.

      (2) If the voter is a registered voter but has voted a ballot other than the one that the voter would have received at his or her designated polling place, the auditor must ensure that only those votes for the positions or measures for which the voter was eligible to vote are counted, which may require coordination with other county auditors.

      (3) If the voter is a registered voter in another county or state, the auditor shall forward the ballot and a corresponding voter guide, or other means by which the ballot can be interpreted including rotation if applicable, within five business days after election day to the supervisor of elections for the county for which the voter resides. If the provisional ballot envelope is not signed by the voter, a copy of the poll book page must be included. If the county is not known, it must be forwarded to the secretary of state, or counterpart, for the state in which the voter resides.

      (4) If the auditor finds that an absentee voter who voted a provisional ballot at the polls has also voted an absentee ballot in that primary or election, the provisional ballot will not be counted.

      (5) The auditor shall prepare a tally displaying the number of provisional ballots received, the number found valid and counted, the number rejected and not counted, and the reason for not counting the ballots, as part of the canvassing process and presented to the canvassing board before the certification of the primary or election.

      NEW SECTION. Sec. 11. When the disposition of the provisional ballot determines that the provisional ballot is to be counted, the provisional ballot must be processed in a manner similar to an absentee ballot as provided in chapters 29A.40 and 29A.60 RCW except the outer provisional ballot envelopes must be retained separately from the absentee ballot return envelopes. The manual inspection of the ballots as required in WAC 434-261-070 or its successor must also be carried out.

      NEW SECTION. Sec. 12. The secretary of state shall establish a free access system, such as a toll-free telephone number or an internet web site, that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason why the vote was not counted. The secretary of state shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by the free access system established under this section. Access to information about an individual provisional ballot must be restricted to the individual who cast the ballot.

      Sec. 13. RCW 29A.40.050 and 2003 c 111 s 1005 are each amended to read as follows:

      (1) As provided in this section, county auditors shall provide special ((absentee)) provisional ballots to be used for state primary or state general elections. An auditor shall provide a special ((absentee)) provisional ballot only to a registered voter who completes an application stating that she or he will be unable to vote and return ((a regular)) an absentee ballot by normal mail delivery within the period provided for ((regular)) absentee ballots.

      The application for a special ((absentee)) provisional ballot may not be filed earlier than ninety days before the applicable state primary or general election. The special ((absentee)) provisional ballot will list the offices and measures, if known, scheduled to appear on the state primary or general election ballot. The voter may use the special ((absentee)) provisional ballot to write in the name of any eligible candidate for each office and vote on any measure.

      (2) With any special ((absentee)) provisional ballot issued under this section, the county auditor shall include a listing of any candidates who have filed before the time of the application for offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application.

      (3) Write-in votes on special ((absentee)) provisional ballots must be counted in the same manner provided by law for the counting of other write-in votes. The county auditor shall process and canvass the special ((absentee)) provisional ballots provided under this section in the same manner as ((other)) absentee ballots under this chapter and chapter 29A.60 RCW.

      (4) A voter who requests a special ((absentee)) provisional ballot under this section may also request an absentee ballot under RCW 29A.40.020(4). If the ((regular)) absentee ballot is properly voted and returned, the special ((absentee)) provisional ballot is void, and the county auditor shall reject it in whole when special ((absentee)) provisional ballots are canvassed.

      NEW SECTION. Sec. 14. In addition to the material required by RCW 29A.40.091, each county auditor shall include with any special provisional ballot mailed the following information:

      (1) Instructions for voting the ballot;

      (2) Instructions for correcting a spoiled ballot;

      (3) The fact that political party designation should be included with all write-ins for partisan office;

      (4) A listing of all offices and measures that will appear upon the ballot, together with a listing of all persons who have filed for office or who have indicated their intention to file for office;

      (5) A copy of any applicable voters' guide available at that time;

      (6) The fact that the voter may vote for as many or as few offices or measures as he or she desires;

      (7) The fact that the voter is entitled to request, and subsequently vote a regular absentee ballot, and that if the regular absentee is received during the time period provided by law for the canvassing of absentee ballots it will be tabulated and the special provisional ballot will be voided.

      NEW SECTION. Sec. 15. No special provisional ballot may be provided earlier than ninety days before a primary or election. An application received by a county auditor more than ninety days before a primary or general election may be either returned to the applicant with the explanation that the request is premature or may be held by the auditor until the appropriate time and then processed.

      Sec. 16. RCW 29A.40.140 and 2003 c 111 s 1014 are each amended to read as follows:

      The qualifications of any absentee voter may be challenged at the time the signature on the return envelope is verified and the ballot is processed by the canvassing board. The board has the authority to determine the legality of any absentee ballot challenged under this section. Challenged ballots must be handled in accordance with ((chapter 29A.08 RCW)) RCW 29A.08.820, 29A.08.830, sections 8 through 12 of this act, and 29A.40.050.

      Sec. 17. RCW 29A.44.330 and 2003 c 111 s 1131 are each amended to read as follows:

      The programmed memory pack for each poll-site ballot counting device must be sealed into the device during final preparation and logic and accuracy testing. Except in the case of a device breakdown, the memory pack must remain sealed in the device until after the polls have closed and all reports and telephonic or electronic transfer of results are completed. After all reporting is complete the precinct election officers responsible for transferring the sealed voted ballots under RCW 29A.60.110 shall ensure that the memory pack is returned to the elections department. If the entire poll-site ballot counting device is returned, the memory pack must remain sealed in the device. If the poll-site ballot counting device is to remain at the polling place, the precinct election officer shall break the seal on the device and remove the memory pack and seal and return it along with the irregularly voted ballots and ((special)) provisional ballots to the elections department on election day.

      Sec. 18. RCW 29A.44.340 and 2003 c 111 s 1132 are each amended to read as follows:

      Each poll-site ballot counting device must be programmed to return all blank ballots and overvoted ballots to the voter for private reexamination. The election officer shall take whatever steps are necessary to ensure that the secrecy of the ballot is maintained. The precinct election officer shall provide information and instruction on how to properly mark the ballot. The voter may remark the original ballot, may request a new ballot under RCW 29A.44.040, or may choose to complete a ((special)) provisional ballot envelope and return the ballot as a ((special)) provisional ballot."

      Renumber the sections following consecutively and correct internal references accordingly.

      On page 22, after line 4 of the amendment, insert the following:

      "NEW SECTION. Sec. 26. (1) Sections 8 through 12, 14, and 15 of this act constitute a new chapter in Title 29A RCW, to be captioned "Provisional ballots."

      (2) RCW 29A.40.050, as amended by section 13 of this act, is recodified as a section in the new chapter created in subsection (1) of this section."

      On page 22, line 10 of the title amendment, after "29A.04.611," insert "29A.08.625, 29A.08.820, 29A.08.830," and after "29A.40.110," insert "29A.40.050, 29A.40.140, 29A.44.330, 29A.44.340,"

      On page 22, line 13 of the title amendment, strike "new sections to chapter 29A.44" and insert "a new section to chapter 29A.44"

      On page 22, line 15 of the title amendment, after "RCW;" insert "adding a new chapter to Title 29A RCW; recodifying RCW 29A.40.050;"

      Senators Mulliken and Roach spoke in favor of adoption of the amendment to the striking amendment.

      Senator Kastama spoke against adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Mulliken on page 1, line 3 to the striking amendment to Substitute Senate Bill No. 5499.

The motion by Senator Mulliken failed and the amendment to the striking amendment was not adopted by voice vote.

MOTION

Senator McCaslin moved that the following amendment to the striking amendment be adopted.

      On page 8, after line 19 of the amendment, insert the following:

      "Sec. 5. RCW 29A.08.125 and 2003 c 111 s 209 are each amended to read as follows:

      (1) Each county auditor shall maintain a computer file containing the records of all registered voters within the county. The auditor may provide for the establishment and maintenance of such files by private contract or through interlocal agreement as provided by chapter 39.34 RCW. The computer file must include, but not be limited to, each voter's last name, first name, middle initial, date of birth, residence address, gender, date of registration, applicable taxing district and precinct codes, and the last date on which the individual voted.

      (2) County election officials shall randomly investigate the record of all registered voters within the county contained on the official statewide voter registration list for that county to make corrections in the record regarding persons who are deceased or whose residence differs from that on the official statewide voter registration list.

      (3) The county auditor shall subsequently record each consecutive date upon which the individual has voted and retain at least the last five such consecutive dates. If the voter has not voted at least five times since establishing his or her current registration record, only the available dates will be included.

      Sec. 6. RCW 29A.08.125 and 2004 c 267 s 110 are each amended to read as follows:

      (1) Each county auditor shall maintain a computer file containing a copy of each record of all registered voters within the county contained on the official statewide voter registration list for that county.

      (2) County election officials shall randomly investigate the record of all registered voters within the county contained on the official statewide voter registration list for that county to make corrections in the record regarding persons who are deceased or whose residence differs from that on the official statewide voter registration list.

      (3) The computer file must include, but not be limited to, each voter's last name, first name, middle initial, date of birth, residence address, gender, date of registration, applicable taxing district and precinct codes, and the last date on which the individual voted.

      (4) The county auditor shall subsequently record each consecutive date upon which the individual has voted and retain all such consecutive dates.

      Sec. 7. RCW 29A.08.605 and 2003 c 111 s 236 are each amended to read as follows:

      In addition to the case-by-case maintenance required under RCW 29A.08.620 and 29A.08.630 ((and)), the canceling of registrations under RCW 29A.08.510, and the random investigation required under RCW 29A.08.125, the county auditor shall establish a general program of voter registration list maintenance. This program must be a thorough review that is applied uniformly throughout the county and must be nondiscriminatory in its application. Any program established must be completed at least once every two years and not later than ninety days before the date of a primary or general election for federal office. The county may fulfill its obligations under this section in one of the following ways:

      (1) The county auditor may enter into one or more contracts with the United States postal service, or its licensee, which permit the auditor to use postal service change-of-address information. If the auditor receives change of address information from the United States postal service that indicates that a voter has changed his or her residence address within the county, the auditor shall transfer the registration of that voter and send a confirmation notice informing the voter of the transfer to the new address. If the auditor receives postal change of address information indicating that the voter has moved out of the county, the auditor shall send a confirmation notice to the voter and advise the voter of the need to reregister in the new county. The auditor shall place the voter's registration on inactive status;

      (2) A direct, nonforwardable, nonprofit or first-class mailing to every registered voter within the county bearing the postal endorsement "Return Service Requested." If address correction information for a voter is received by the county auditor after this mailing, the auditor shall place that voter on inactive status and shall send to the voter a confirmation notice;

      (3) Any other method approved by the secretary of state.

      Sec. 8. RCW 29A.08.605 and 2004 c 267 s 128 are each amended to read as follows:

      In addition to the case-by-case maintenance required under RCW 29A.08.620 and 29A.08.630 ((and)), the canceling of registrations under RCW 29A.08.510, and the random investigation required under RCW 29A.08.125, the secretary of state and the county auditor shall cooperatively establish a general program of voter registration list maintenance. This program must be a thorough review that is applied uniformly throughout the county and must be nondiscriminatory in its application. Any program established must be completed at least once every two years and not later than ninety days before the date of a primary or general election for federal office. This obligation may be fulfilled in one of the following ways:

      (1) The secretary of state may enter into one or more contracts with the United States postal service, or its licensee, which permit the use of postal service change-of-address information. If the change of address information is received from the United States postal service that indicates that a voter has changed his or her residence address within the state, the auditor shall transfer the registration of that voter and send a confirmation notice informing the voter of the transfer to the new address;

      (2) A direct, nonforwardable, nonprofit or first-class mailing to every registered voter bearing the postal endorsement "Return Service Requested." If address correction information for a voter is received by the county auditor after this mailing, the auditor shall place that voter on inactive status and shall send to the voter a confirmation notice;

      (3) Any other method approved by the secretary of state.

      Sec. 9. RCW 29A.08.651 and 2004 c 267 s 101 are each amended to read as follows:

      (1) The office of the secretary of state shall create and maintain a statewide voter registration data base. This data base must be a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the state level that contains the name and registration information of every legally registered voter in the state and assigns a unique identifier to each legally registered voter in the state.

      (2) The computerized list must serve as the single system for storing and maintaining the official list of registered voters throughout the state.

      (3) The computerized list must contain the name and registration information of every legally registered voter in the state.

      (4) Under the computerized list, a unique identifier is assigned to each legally registered voter in the state.

      (5) The computerized list must be coordinated with other agency data bases within the state, including but not limited to the department of corrections, the department of licensing, and the department of health.

      (6) Any election officer in the state, including any local election officer, may obtain immediate electronic access to the information contained in the computerized list.

      (7) All voter registration information obtained by any local election officer in the state must be electronically entered into the computerized list on an expedited basis at the time the information is provided to the local officer.

      (8) The chief state election officer shall provide support, as may be required, so that local election officers are able to enter information as described in subsection (3) of this section.

      (9) The computerized list serves as the official voter registration list for the conduct of all elections.

      (10) The secretary of state has data authority on all voter registration data.

      (11) The voter registration data base must be designed to accomplish at a minimum, the following:

      (a) Comply with the Help America Vote Act of 2002 (P.L. 107-252);

      (b) Identify duplicate voter registrations;

      (c) Identify suspected duplicate voters;

      (d) Screen against the department of corrections data base to aid in the cancellation of voter registration of felons;

      (e) Provide up-to-date signatures of voters for the purposes of initiative signature checking;

      (f) Provide current and accurate voter registration information using information obtained under RCW 29A.08.125;

      (g) Provide for a comparison between the voter registration data base and the department of licensing change of address data base;

      (((g))) (h) Provide online access for county auditors with the goal of real time duplicate checking and update capabilities; and

      (((h))) (i) Provide for the cancellation of voter registration for persons who have moved to other states and surrendered their Washington state drivers' licenses."

      Renumber the sections following consecutively and correct internal references accordingly.

      On page 22, after line 4 of the amendment, insert the following:

      "NEW SECTION. Sec. 26. Sections 5 and 7 of this act expire January 1, 2006.

      NEW SECTION. Sec. 27. Sections 6, 8, and 9 of this act take effect January 1, 2006."

      Senators McCaslin and Kastama spoke in favor of adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator McCaslin on page 8, after line 19 to the striking amendment to Substitute Senate Bill No. 5499.

The motion by Senator McCaslin carried and the amendment to the striking amendment was adopted by voice vote.

MOTION

Senator Carrell moved that the following amendment by Senators Carrell and Roach to the striking amendment be adopted.

      On page 8, after line 19 of the amendment, insert the following:

      "NEW SECTION. Sec. 5. A new section is added to chapter 29A.08 RCW to read as follows:

      (1) Short title. This section may be cited as the "Washington Taxpayer and Citizen Protection Act."

      (2) Findings and declaration. The legislature finds that illegal immigration is causing economic hardship to this state and that illegal immigration is encouraged by public agencies within this state that provide public benefits without verifying immigration status. The legislature further finds that illegal immigrants have been given a safe haven in this state with the aid of identification cards that are issued without verifying immigration status, and that this conduct contradicts federal immigration policy, undermines the security of our borders, and demeans the value of citizenship. Therefore, the legislature finds that the public interest of this state requires that all public agencies within this state cooperate with federal immigration authorities to discourage illegal immigration.

      (3) Form of registration. In addition to the requirements of RCW 29A.08.010, the form of registration provided by the secretary of state or county auditor must include a statement that the applicant must submit evidence of United States citizenship with the application and that the county auditor or secretary of state shall reject the application if no evidence of citizenship is attached.

      (4) The county auditor or secretary of state shall reject any application for registration that is not accompanied by satisfactory evidence of United States citizenship. Satisfactory evidence of citizenship includes any of the following:

      (a) The number of the applicant's Washington state driver's license or Washington state identification card issued by the department of licensing, but only if the department indicates on the applicant's driver's license or identification card that the applicant has provided satisfactory proof of United States citizenship;

      (b) A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the county auditor or secretary of state;

      (c) A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the county auditor or the secretary of state of the applicant's United States passport;

      (d) A presentation to the county auditor or secretary of state of the applicant's United States naturalization documents or the number of the certificate of naturalization. If only the number of the certificate of naturalization is provided, the applicant must not be included in the registration rolls until the number of the certificate of naturalization is verified with the United States Immigration and Naturalization Service by the county auditor or secretary of state;

      (e) Other documents or methods of proof that are established under the federal Immigration Reform and Control Act of 1986; or

      (f) The applicant's Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.

      (5) Notwithstanding subsection (4) of this section, any person who is registered in this state on the effective date of this section is deemed to have provided satisfactory evidence of citizenship and may not be required to resubmit evidence of citizenship unless the person is changing voter registration from one county to another or reregistering to vote.

      (6) Proof of voter registration from another state or county is not satisfactory evidence of citizenship.

      (7) After a person has submitted satisfactory evidence of citizenship, the county auditor or secretary of state shall indicate this information in the person's permanent voter file. After two years, the county auditor or secretary of state may destroy all documents that were submitted as evidence of citizenship."

      Renumber the sections following consecutively and correct internal references accordingly.

      On page 22, line 12 of the title amendment, after "29A.84.650;" insert "adding a new section to chapter 29A.08 RCW;"

WITHDRAWAL OF AMENDMENT

      On motion of Senator Carrell the amendment to the striking amendment to Substitute Senate Bill No. 5499 was withdrawn.

MOTION

Senator Roach moved that the following amendment by Senator Roach to the striking amendment be adopted.

      Beginning on page 8, line 20 of the amendment, strike all of section 5 and insert the following:

      "Sec. 5. RCW 29A.40.091 and 2004 c 271 s 135 are each amended to read as follows:

      The county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor. The instructions that accompany an absentee ballot for a partisan primary must include instructions for voting the applicable ballot style, as provided in chapter 29A.36 RCW. The absentee voter's name and address must be printed on the larger return envelope, which must also contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The declaration must clearly inform the voter that it is illegal to vote if he or she is not a United States citizen; it is illegal to vote if he or she has been convicted of a felony and has not had his or her voting rights restored; and, except as otherwise provided by law, it is illegal to cast a ballot or sign an absentee envelope on behalf of another voter. The return envelope must provide space for the voter to indicate the date on which the ballot was voted and for the voter to sign the oath. A summary of the applicable penalty provisions of this chapter must be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. The return envelope must also have a secrecy flap that the voter may seal that will cover the voter's signature and return address. For out-of- state voters, overseas voters, and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. The voter must be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first class postage, if applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which the ballot was issued.

      If the county auditor chooses to forward absentee ballots, he or she must include with the ballot a clear explanation of the qualifications necessary to vote in that election and must also advise a voter with questions about his or her eligibility to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed directly on the ballot itself. If the information is not included, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed."

      Senators Roach and Kastama spoke in favor of adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 8, line 20 to the striking amendment to Substitute Senate Bill No. 5499.

The motion by Senator Roach carried and the amendment to the striking amendment was adopted by voice vote.

MOTION

Senator Stevens moved that the following amendment by Senator Stevens to the striking amendment be adopted.

      On page 8, after line 19 of the amendment, insert the following:

      "Sec. 5. RCW 29A.36.111 and 2004 c 271 s 128 are each amended to read as follows:

      Every ballot for a single combination of issues, offices, and candidates shall be uniform within a precinct and shall identify the type of primary or election, the county, and the date of the primary or election, and the ballot or voting device shall contain instructions on the proper method of recording a vote, including write-in votes and abstentions. Each position, together with the names of the candidates for that office and an opportunity for the voter to indicate abstention from voting on that office, shall be clearly separated from other offices or positions in the same jurisdiction. The offices in each jurisdiction shall be clearly separated from each other. No paper ballot or ballot card may be marked in any way that would permit the identification of the person who voted that ballot."

      Renumber the sections consecutively and correct any internal references accordingly.

      On page 22, line 10 of the title amendment, after "29A.04.611," insert "29A.36.111,"

      Senators Stevens and Benson spoke in favor of adoption of the amendment to the striking amendment.

      Senator Kastama spoke against adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Stevens on page 8, after line 19 to the striking amendment to Substitute Senate Bill No. 5499.

The motion by Senator Stevens failed and the amendment to the striking amendment was not adopted by voice vote.

MOTION

On motion of Senator McCaslin, Senator Deccio was excused.

MOTION

Senator Benton moved that the following amendment by Senator Benton to the striking amendment be adopted.

      On page 8, after line 19 of the amendment, insert the following:

      "NEW SECTION. Sec. 5. A new section is added to chapter 29A.08 RCW to read as follows:

      Each county auditor shall compile and maintain a list of all private mailbox services in his or her county and cross-check the list of registered voters' addresses against the private mailbox addresses. If a registered voter is found to have listed a private mailbox as his or her address, the auditor shall cancel that voter's registration and notify the voter of the cancellation."

      Renumber the sections consecutively and correct any internal references accordingly.

      On page 22, line 12 of the title amendment, after "29A.84.650;" insert "adding a new section to chapter 29A.08 RCW;"

      Senator Benton spoke in favor of adoption of the amendment to the striking amendment.

      Senator Kastama spoke against adoption of the amendment to the striking amendment.

POINT OF INQUIRY

Senator Franklin: “Would Senator Benton yield to a question? Senator, how does this affect those who are having their mail come to the Secretary of State. They have a special address because of domestic violence.”

Senator Benton: “Right, and that’s a special law that we created and they are protected under that law now and this would not affect them and we have intention of affecting them with this amendment. If in fact the legal minds tell us that it does we will draft a correction to it but I’m told that this would have no affect because the underline law that authorizes that private address through the Secretary of State’s office, since the Secretary of State is our chief elections officer in the state that it wouldn’t affect that, Senator Franklin.”

The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 8, after line 19 to the striking amendment to Substitute Senate Bill No. 5499.

MOTION

      Senator Kastama demanded a division.

The motion by Senator Benton failed and the amendment to the striking amendment was not adopted by a rising vote.

MOTION

Senator Schoesler moved that the following amendment by Senators Schoesler to the striking amendment and Roach be adopted.

      On page 8, after line 19 of the amendment, insert the following:

      "Sec. 5. RCW 29A.08.625 and 2003 c 111 s 240 are each amended to read as follows:

      (1) A voter whose registration has been made inactive under this chapter and who offers to vote at an ensuing election before two federal elections have been held must be allowed to vote a regular ballot and the voter's registration restored to active status.

      (2) A voter whose registration has been properly canceled under this chapter shall vote a provisional ballot. The voter shall mark the provisional ballot in secrecy, the ballot placed in a security envelope, the security envelope placed in a provisional ballot envelope, and the reasons for the use of the provisional ballot noted.

      (3) Upon receipt of such a voted provisional 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 must be immediately reinstated, and the voter's provisional ballot must be counted. If the original cancellation was not in error, the voter must be afforded the opportunity to reregister at his or her correct address, and the voter's provisional ballot must not be counted.

      (4) The names and addresses of provisional voters is not a matter of public record, and no one other than an election officer may contact an individual provisional voter."

      Renumber the sections following consecutively and correct internal references accordingly.

      On page 10, after line 19 of the amendment, insert the following:

      "Sec. 7. RCW 29A.40.130 and 2003 c 111 s 1013 are each amended to read as follows:

      Each county auditor shall maintain in his or her office, open for public inspection, a record of the requests he or she has received for absentee ballots under this chapter.

      The information from the requests shall be recorded and lists of this information shall be available no later than twenty-four hours after their receipt.

      This information about absentee voters shall be available according to the date of the requests and by legislative district. It shall include the name of each applicant, the address and precinct in which the voter maintains a voting residence, the date on which an absentee ballot was issued to this voter, if applicable, the type of absentee ballot, and the address to which the ballot was or is to be mailed, if applicable.

      The auditor shall make copies of these records available to the public for the actual cost of production or copying. However, these records may not be used by anyone other than an election officer to contact an individual absentee voter."

      Renumber the sections consecutively and correct any internal references accordingly.

      On page 12, after line 15 of the amendment, insert the following:

      "NEW SECTION. Sec. 10. A new section is added to chapter 29A.60 RCW to read as follows:

      If the county auditor receives an absentee or mail ballot in a return identification envelope on which the voter's signature is missing, illegible, or does not match the registration file, only the county auditor or other election officer may contact the voter regarding the signature. The names of voters in these cases is not a matter of public record."

      Renumber the sections following consecutively and correct internal references accordingly.

      On page 22, line 10 of the title amendment, after "29A.04.611," insert "29A.08.625," and after "29A.40.110," insert "29A.40.130,"

      Senators Schoesler and Roach spoke in favor of adoption of the amendment to the striking amendment.

      Senator Kastama spoke against adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Schoesler and Roach on page 8, after line 19 to the striking amendment to Substitute Senate Bill No. 5499.

The motion by Senator Schoesler failed and the amendment to the striking amendment was not adopted by voice vote.

MOTION

Senator Benton moved that the following amendment by Senator Benton to the striking amendment be adopted.

      On page 8, after line 19 of the amendment, insert the following:

      "Sec. 5. RCW 29A.08.830 and 2003 c 111 s 255 are each amended to read as follows:

      (1) Any registered voter may request that the registration of another voter be canceled if he or she believes that the voter does not meet the requirements of Article VI, section 1 of the state Constitution or that voter no longer maintains a legal voting residence at the address shown on his or her registration record. The challenger shall file with the county auditor a signed affidavit subject to the penalties of perjury, to the effect that to his or her personal knowledge and belief another registered voter does not actually reside at the address as given on his or her registration record or is otherwise not a qualified voter and that the voter in question is not protected by the provisions of Article VI, section 4, of the Constitution of the state of Washington. ((The person filing the challenge must furnish the address at which the challenged voter actually resides.))

      (2) Any such challenge of a voter's registration and right to vote made less than thirty days before a primary or election, special or general, shall be administered under RCW 29A.08.820. The county auditor shall notify the challenged voter and the precinct election officers in the voter's precinct that a challenge has been filed, provide the name of the challenger, and instruct both the precinct election officers and the voter that, in the event the challenged voter desires to vote at the ensuing primary or election, a challenged ballot will be provided. The voter shall also be informed that the status of his or her registration and the disposition of any challenged ballot will be determined by the county canvassing board in the manner provided by RCW 29A.08.820. If the challenged voter does not vote at the ensuing primary or election, the challenge shall be processed in the same manner as challenges made more than thirty days prior to the primary or election under RCW 29A.08.840."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      On page 22, line 10 of the title amendment, after "29A.04.611," insert "29A.08.830,"

      Senators Benton and Johnson spoke in favor of adoption of the amendment to the striking amendment.

      Senator Kastama spoke against adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 8, after line 19 to the striking amendment to Substitute Senate Bill No. 5499.

The motion by Senator Benton failed and the amendment to the striking amendment was not adopted by voice vote.

MOTION

Senator Mulliken moved that the following amendment by Senator Mulliken to the striking amendment be adopted.

      On page 8, after line 19, insert the following:

      "NEW SECTION. Sec. 5. A new section is added to chapter 29A.36 RCW to read as follows:

      All provisional ballots and related materials, including the inner security envelope and the outer return envelope, must either:

      (1) Be printed on colored paper distinctive from regular ballots, absentee ballots, and their related materials; or

      (2) Be imprinted with a bar code for the purpose of identifying the ballot as a provisional ballot. The bar code must not identify the voter.

Poll-site counting devices shall be incapable of tabulating provisional ballots."

      Renumber the sections consecutively and correct any internal references accordingly.

WITHDRAWAL OF AMENDMENT

      On motion of Senator Mulliken the amendment to the striking amendment to Substitute Senate Bill No. 5499 was withdrawn.

MOTION

Senator Benton moved that the following amendment by Senator Benton to the striking amendment be adopted.

      On page 8, after line 19 of the amendment, insert the following:

      "Sec. 5. RCW 29A.08.651 and 2004 c 267 s 101 are each amended to read as follows:

      (1) The office of the secretary of state shall create and maintain a statewide voter registration data base. This data base must be a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the state level that contains the name and registration information of every legally registered voter in the state and assigns a unique identifier to each legally registered voter in the state.

      (2) The computerized list must serve as the single system for storing and maintaining the official list of registered voters throughout the state.

      (3) The computerized list must contain the name and registration information of every legally registered voter in the state.

      (4) Under the computerized list, a unique identifier is assigned to each legally registered voter in the state.

      (5) The computerized list must be coordinated with other agency data bases within the state, including but not limited to the department of corrections, the department of licensing, and the department of health.

      (6) Any election officer in the state, including any local election officer, may obtain immediate electronic access to the information contained in the computerized list.

      (7) All voter registration information obtained by any local election officer in the state must be electronically entered into the computerized list on an expedited basis at the time the information is provided to the local officer.

      (8) The chief state election officer shall provide support, as may be required, so that local election officers are able to enter information as described in subsection (3) of this section.

      (9) The computerized list serves as the official voter registration list for the conduct of all elections.

      (10) The secretary of state has data authority on all voter registration data. The secretary of state shall, on a monthly basis, cross-check the data base against other agency data bases that could reveal names of persons whose voter registration should be canceled.

      (11) The voter registration data base must be designed to accomplish at a minimum, the following:

      (a) Comply with the Help America Vote Act of 2002 (P.L. 107-252);

      (b) Identify duplicate voter registrations;

      (c) Identify suspected duplicate voters;

      (d) Screen against the department of corrections and other appropriate state agency data bases on a monthly basis to aid in the cancellation of voter registration of felons;

      (e) Provide up-to-date signatures of voters for the purposes of initiative signature checking;

      (f) Provide for a monthly comparison between the voter registration data base and the department of licensing change of address data base;

      (g) Provide online access for county auditors with the goal of real time duplicate checking and update capabilities; and

      (h) Provide for the cancellation of voter registration for persons who have moved to other states and surrendered their Washington state drivers' licenses.

      (12) In addition to any legal obligations of local election officers, the secretary of state in conjunction with the department of health shall arrange for a monthly comparison of any lists of known deaths maintained by the department of health with the statewide voter registration list. If a person is found on the department of health death list and the statewide voter registration list, the secretary of state or county auditor shall immediately cancel the voter registration from the official state voter registration list.

      (13) In addition to any legal obligations of local election officers, the secretary of state in conjunction with the department of health, the department of social and health services, and the administrator for the courts shall arrange for a monthly comparison of any lists of persons known to have been declared mentally incompetent and unable to vote or placed under the care of a full guardianship due to their mental capacity. If a person is found on the department of health, the department of social and health services, or the administrator for the courts lists and the statewide voter registration list, the secretary of state or county auditor shall immediately cancel the voter registration from the official state voter registration list.

      The administrator for the courts shall collect and maintain a list of all judicial determinations of full guardianship under RCW 11.88.010 and other cases where the court has ordered someone unable to vote.

      (14) In addition to any legal obligations of local election officers, the secretary of state in conjunction with local election officers shall make at a minimum a monthly comparison of names on the statewide voter registration list, and if a person is found registered more than once on the statewide voter registration list, the secretary of state or county auditor shall immediately cancel all voter registrations for that voter in excess of one from the official state voter registration list."

      Renumber the sections consecutively and correct any internal references accordingly.

      On page 22, on line 10 of the title amendment, after "29A.04.611," insert "29A.08.651,"

      Senators Benton and Roach spoke in favor of adoption of the amendment to the striking amendment.

POINT OF ORDER

Senator Rockefeller: “Mr. President, it occurs to me that the speaker perhaps inadvertently is impugning the motives of the majority party and I would ask that you take that into consideration.”

POINT OF ORDER

Senator Eide: “I believe that he’s not speaking to the amendment and is theorizing what should have been or could have been needs to speak on the amendment, please.”

      Senators Haugen and Kastama spoke against adoption of the amendment to the striking amendment.

POINT OF ORDER

Senator Esser: “I believe the comment, I think your trying to create an elitist list is impugning the motives on this side of the aisle, Mr. President.”

      Senator Esser demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was sustained.

The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 8, after line 19 to the striking amendment to Substitute Senate Bill No. 5499.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Benton to the striking amendment was not adopted by the following vote: Yeas, 22; Nays, 25; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 22

      Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25

      Excused: Senators Deccio and Oke - 2

MOTION

Senator Schoesler moved that the following amendment by Senator Schoesler to the striking amendment be adopted.

      On page 8, after line 19 of the amendment, insert the following:

      "Sec. 5. RCW 29A.24.050 and 2003 c 111 s 605 are each amended to read as follows:

      Except where otherwise provided by this title, declarations of candidacy for the following offices shall be filed during regular business hours with the filing officer no earlier than the fourth Monday in ((July)) June and no later than the following Friday in the year in which the office is scheduled to be voted upon:

      (1) Offices that are scheduled to be voted upon for full terms or both full terms and short terms at, or in conjunction with, a state general election; and

      (2) Offices where a vacancy, other than a short term, exists that has not been filled by election and for which an election to fill the vacancy is required in conjunction with the next state general election.

      This section supersedes all other statutes that provide for a different filing period for these offices."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      Senators Schoesler and Kastama spoke in favor of adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Schoesler on page 8, after line 19 to the striking amendment to Substitute Senate Bill No. 5499.

The motion by Senator Schoesler carried and the amendment to the striking amendment was adopted by voice vote.

MOTION

Senator Carrell moved that the following amendment by Senator Carrell to the striking amendment and others be adopted.

      On page 8 after line 19 of the amendment, insert the following:

      "NEW SECTION. Sec. 5. A new section is added to chapter 29A.08 RCW to read as follows:

      (1) Form of registration. In addition to the requirements of RCW 29A.08.010, the form of registration provided by the secretary of state or county auditor must include a statement that the applicant must submit evidence of United States citizenship with the application and that the county auditor or secretary of state shall reject the application if no evidence of citizenship is attached.

      (2) The county auditor or secretary of state shall reject any application for registration that is not accompanied by satisfactory evidence of United States citizenship. Satisfactory evidence of citizenship includes any of the following:

      (a) The number of the applicant's Washington state driver's license or Washington state identification card issued by the department of licensing, but only if the department indicates on the applicant's driver's license or identification card that the applicant has provided satisfactory proof of United States citizenship;

      (b) A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the county auditor or secretary of state;

      (c) A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the county auditor or the secretary of state of the applicant's United States passport;

      (d) A presentation to the county auditor or secretary of state of the applicant's United States naturalization documents or the number of the certificate of naturalization. If only the number of the certificate of naturalization is provided, the applicant must not be included in the registration rolls until the number of the certificate of naturalization is verified with the United States Immigration and Naturalization Service by the county auditor or secretary of state;

      (e) Other documents or methods of proof that are established under the federal Immigration Reform and Control Act of 1986; or

      (f) The applicant's Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.

      (3) Notwithstanding subsection (4) of this section, any person who is registered in this state on the effective date of this section is deemed to have provided satisfactory evidence of citizenship and may not be required to resubmit evidence of citizenship unless the person is changing voter registration from one county to another or reregistering to vote.

      (4) Proof of voter registration from another state or county is not satisfactory evidence of citizenship.

      (5) After a person has submitted satisfactory evidence of citizenship, the county auditor or secretary of state shall indicate this information in the person's permanent voter file. After two years, the county auditor or secretary of state may destroy all documents that were submitted as evidence of citizenship."

      Renumber the sections following consecutively and correct internal references accordingly.

      On page 22, line 12 of the title amendment, after "29A.84.650;" insert "adding a new section to chapter 29A.08 RCW;"

      Senators Carrell, Stevens and Benson spoke in favor of adoption of the amendment to the striking amendment.

      Senators Haugen and Kastama spoke against adoption of the amendment to the striking amendment.

      Senator Esser demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was sustained.

The President declared the question before the Senate to be the adoption of the amendment by Senator Carrell and others on page 8, after line 19 to the striking amendment to Substitute Senate Bill No. 5499.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Carrell to the striking amendment was adopted by the following vote: Yeas, 22; Nays, 25; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 22

      Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25

      Excused: Senators Deccio and Oke - 2

MOTION

Senator Mulliken moved that the following amendment by Senator Mulliken to the striking amendment be adopted.

      On page 8, after line 19, insert the following:

      "NEW SECTION. Sec. 5 A new section is added to chapter 29A.36 RCW to read as follows:

      All provisional ballots must be visually distinguishable from the other ballots and must be either:

      (1) Printed on colored paper; or

      (2) Imprinted with a bar code for the purpose of identifying the ballot as a provisional ballot. The bar code must not identify the voter.

      Provisional ballots must be incapable of being tabulated by poll-site counting devices." 

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Mulliken and Kastama spoke in favor of adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Mulliken on page 8, after line 19 to the striking amendment to Substitute Senate Bill No. 5499.

The motion by Senator Mulliken carried and the amendment to the striking amendment was adopted by voice vote.

MOTION

Senator Roach moved that the following amendment by Senator Roach to the striking amendment be adopted.

      On page 9, beginning on line 26 of the amendment, strike all of section 6 and insert the following:

      "NEW SECTION. Sec. 6. A new section is added to chapter 29A.40 RCW to read as follows:

      (1) The county auditor shall accept and count absentee ballots for persons serving in the United States armed forces stationed outside the United States in accordance with this section and RCW 29A.40.110. For a member of the armed forces stationed outside the United States who receives an absentee ballot on or after the date of the election, in order to have his or her ballot counted, he or she must attach an affidavit signed by the person and his or her commanding officer, stating the date on which the ballot was received.

      (2) All absentee ballots received from persons under subsection (1) of this section at any time whether before or after certification of the election, until any and all recounts have concluded and been certified, shall be counted.

      Sec. 7. RCW 29A.40.110 and 2003 c 111 s 1011 are each amended to read as follows:

      (1) The opening and subsequent processing of return envelopes for any primary or election may begin ((on or after the tenth day before the primary or election)) upon receipt. The tabulation of absentee ballots must not commence until after 8:00 p.m. on the day of the primary or election.

      (2) All received absentee return envelopes must be placed in secure locations from the time of delivery to the county auditor until their subsequent opening. After opening the return envelopes, the county canvassing board shall place all of the ballots in secure storage until after 8:00 p.m. of the day of the primary or election. Absentee ballots that are to be tabulated on an electronic vote tallying system may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation.

      (3) Before opening a returned absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature on the return envelope that contains the security envelope and absentee ballot. They shall verify that the voter's signature on the return envelope is the same as the signature of that voter in the registration files of the county. For registered voters casting absentee ballots, the date on the return envelope to which the voter has attested determines the validity, as to the time of voting for that absentee ballot if the postmark is missing or is illegible. For out-of-state voters, overseas voters, and service voters stationed in the United States, the date on the return envelope to which the voter has attested determines the validity as to the time of voting for that absentee ballot. For service voters stationed outside the United States, the date on the return envelope to which the voter has attested determines the validity as to the time of voting for that absentee ballot unless there is an affidavit included with the ballot in accordance with section 6 of this act, in which case section 6 of this act determines validity with regard to the time of voting. For any absentee ballot, a variation between the signature of the voter on the return envelope and the signature of that voter in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      Senators Roach and Kastama spoke in favor of adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 9, line 26 to the striking amendment to Substitute Senate Bill No. 5499.

The motion by Senator Roach carried and the amendment to the striking amendment was adopted by voice vote.

MOTION

Senator Roach moved that the following amendment by Senator Roach to the striking amendment be adopted.

      On page 12, after line 3 of the amendment, strike all of section 9, and insert the following:

      "NEW SECTION. Sec. 9. A new section is added to chapter 29A.44 RCW to read as follows:

      Any person desiring to vote at any primary or election is required to provide a valid driver's license, state identification card, United States passport, tribal identification card, or United States military identification card to the election officer before signing the poll book. Any person who desires to vote in person but cannot provide identification as required in this section must be issued a provisional ballot."

      Renumber the sections consecutively and correct any internal references accordingly.

WITHDRAWAL OF AMENDMENT

      On motion of Senator Roach the amendment to the striking amendment to Substitute Senate Bill No. 5499 was withdrawn.

MOTION

Senator Roach moved that the following amendment by Senator Roach to the striking amendment be adopted.

      On page 12, after line 3 of the amendment, strike all of section 9 and insert the following:

      "NEW SECTION. Sec. 9. A new section is added to chapter 29A.44 RCW to read as follows:

      Any person desiring to vote at any primary or election is required to show both a picture and signature identification to be compared with the signature on the poll register. Valid forms of photo identification include a valid driver's license, state identification card, United States passport, tribal identification card, or United States military identification card. Any person who desires to vote in person but cannot provide identification as required in this section must be issued a provisional ballot."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Roach and Benson spoke in favor of adoption of the amendment to the striking amendment.

      Senators Kastama, Haugen, Franklin and Shin spoke against adoption of the amendment to the striking amendment.

      Senator Esser demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was sustained.

      Senators Delvin, Schmidt, Benton, Finkbeiner spoke in favor of adoption of the amendment to the striking amendment.

      Senators Brown spoke against adoption of the amendment to the striking amendment.

MOTION

      Senator Eide demanded that the previous question be put.

      The President declared that at least two additional senators joined the demand.

      The President declared the question before the Senate to be the motion of Senator Eide, “Shall the main question be now put?”

      The motion by Senator Eide that the previous question be put carried by voice vote.

The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 12, after line 3 to the striking amendment Substitute Senate Bill No. 5499.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Roach to the striking amendment was not adopted by the following vote: Yeas, 22; Nays, 25; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 22