BP BHEAD INT S

AN ACT Relating to elections; amending RCW 29.07.095, 29.07.160, 29.10.020, 29.13.010, 29.13.020, 29.36.120, and 29.36.160; adding a new section to chapter 29.10 RCW; and prescribing penalties.

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

Sec. 1. RCW 29.07.095 and 1973 1st ex.s. c 21 s 6 are each amended to read as follows:

Any person temporarily residing outside of the county of his or her permanent residence, but within the state of Washington, may register with the registration officer of the place where he or she is temporarily residing in the usual manner as required in this chapter. The registration officer administering the oath and receiving the application and registration forms as provided in RCW 29.07.060 through 29.07.090 shall transmit the same to the county auditor of the county where the applicant permanently resides for processing in the same manner as though the applicant had personally applied directly to the registration officer of his or her residence.

Notwithstanding the provisions of RCW 29.07.160 the registration application shall be received and acted upon immediately by the registration officer of the place of permanent residence of the applicant if the application was received and oath administered by the registration officer at the place of temporary residence not less than ((~~thirty~~)) twenty days preceding the next election.

Sec. 2. RCW 29.07.160 and 1980 c 3 s 4 are each amended to read as follows:

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

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

Sec. 3. RCW 29.10.020 and 1991 c 81 s 23 are each amended to read as follows:

A registered voter who changes his or her residence from one address to another within the same county shall, to maintain a valid voter registration, transfer his or her registration to the new address in one of the following ways: (1) Sending to the county auditor a signed request stating the voter's present address and precinct and the address and precinct from which the voter was last registered; (2) appearing in person before the auditor and signing such a request in the manner provided by section 4 of this act; (3) transferring the registration in the manner provided by RCW 29.10.170; or (4) telephoning the county auditor to transfer the registration. The telephone call transferring a registration by telephone must be received by the auditor before the precinct registration files are closed to new registrations for the next primary or special or general election in which the voter participates.

The secretary of state shall adopt rules facilitating the transfer of a registration by telephone authorized by this section. The rules shall include, but need not be limited to, those establishing the form which must be signed by a voter subsequent to transferring a registration by telephone.

NEW SECTION. Sec. 4. A new section is added to chapter 29.10 RCW to read as follows:

(1) A person who is registered to vote in this state may transfer his or her voter registration on or before the day of a special or general election or primary by completing in person before the county auditor a registration transfer form designed by the secretary of state and supplied by the county auditor.

(2) A voter who transfers his or her registration in the manner authorized by this section shall vote in the new precinct in which he or she is now registered.

(3) The auditor shall, within ninety days, mail to each voter who has transferred a registration under this section a notice of his or her current precinct and polling place.

(4) The secretary of state shall develop a procedure for notification to the new precinct by the county auditor of the transfer of registration.

Sec. 5. RCW 29.13.010 and 1992 c 37 s 1 are each amended to read as follows:

(1) All state, county, city, town, and district general elections for the election of federal, state, legislative, judicial, county, city, town, district, and precinct officers, and for the submission to the voters of the state, county, city, town, or district of any measure for their adoption and approval or rejection, shall be held on the first Tuesday after the first Monday of November, in the year in which they may be called. A state-wide general election shall be held on the first Tuesday after the first Monday of November of each year: PROVIDED, That the state-wide general election held in odd-numbered years shall be limited to (a) city, town, and district general elections as provided for in RCW 29.13.020, or as otherwise provided by law; (b) the election of federal officers for the remainder of any unexpired terms in the membership of either branch of the congress of the United States; (c) the election of state and county officers for the remainder of any unexpired terms of offices created by or whose duties are described in Article II, section 15, Article III, sections 16, 17, 19, 20, 21, 22, and 23, and Article IV, sections 3 and 5 of the state Constitution and RCW 2.06.080; (d) the election of county officers in any county governed by a charter containing provisions calling for general county elections at this time; and (e) the approval or rejection of state measures, including proposed constitutional amendments, matters pertaining to any proposed constitutional convention, initiative measures and referendum measures proposed by the electorate, referendum bills, and any other matter provided by the legislature for submission to the electorate.

(2) A county legislative authority may, if it deems an emergency to exist, call a special county election by presenting a resolution to the county auditor at least forty-five days prior to the proposed election date. Except as provided in subsection (4) of this section, a special election called by the county legislative authority shall be held on one of the following dates as decided by such governing body:

(a) ((~~The first Tuesday after the first Monday in February;~~

~~(b) The second Tuesday in March;~~

~~(c)~~)) The first Tuesday after the first Monday in April;

((~~(d) The third Tuesday in May;~~

~~(e)~~)) (b) The day of the primary as specified by RCW 29.13.070; or

((~~(f)~~)) (c) The first Tuesday after the first Monday in November.

(3) In addition to the dates set forth in subsection (2) (a) through ((~~(f)~~)) (c) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from failure of a county to pass a special levy for the first time or from fire, flood, earthquake, or other act of God. Such county special election shall be noticed and conducted in the manner provided by law.

(4) In a presidential election year, if a presidential preference primary is conducted in ((~~February, March,~~)) April((~~, or May~~)) under chapter 29.19 RCW, the date on which a special election may be called by the county legislative authority under subsection (2) of this section during ((~~the month of that primary~~)) April is the date of the presidential primary.

(5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections except for those elections held pursuant to a home-rule charter adopted under Article XI, section 4 of the state Constitution. This section shall not be construed as fixing the time for holding primary elections, or elections for the recall of any elective public officer.

Sec. 6. RCW 29.13.020 and 1992 c 37 s 2 are each amended to read as follows:

(1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years.

This section shall not apply to:

(a) Elections for the recall of any elective public officer;

(b) Public utility districts or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;

(c) Consolidation proposals as provided for in RCW 28A.315.280 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.

(2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor at least forty-five days prior to the proposed election date, may, if the county auditor deems an emergency to exist, call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. Except as provided in subsection (3) of this section, such a special election shall be held on one of the following dates as decided by the governing body:

(a) ((~~The first Tuesday after the first Monday in February;~~

~~(b) The second Tuesday in March;~~

~~(c)~~)) The first Tuesday after the first Monday in April;

((~~(d) The third Tuesday in May;~~

~~(e)~~)) (b) The day of the primary ((~~election~~)) as specified by RCW 29.13.070; or

((~~(f)~~)) (c) The first Tuesday after the first Monday in November.

(3) In a presidential election year, if a presidential preference primary is conducted in ((~~February, March,~~)) April((~~, or May~~)) under chapter 29.19 RCW, the date on which a special election may be called under subsection (2) of this section during ((~~the month of that primary~~)) April is the date of the presidential primary.

(4) In addition to subsection (2) (a) through ((~~(f)~~)) (c) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from failure of a school or junior taxing district to pass a special levy or bond issue for the first time or from fire, flood, earthquake, or other act of God, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2) ((~~(e)~~)) (b) and ((~~(f)~~)) (c) of this section. Such special election shall be conducted and notice thereof given in the manner provided by law.

Sec. 7. RCW 29.36.120 and 1983 1st ex.s. c 71 s 1 are each amended to read as follows:

(1) At any primary or election, general or special, the county auditor may, in any precinct having fewer than one hundred registered voters at the time of closing of voter registration as provided in RCW 29.07.160, conduct the voting in that precinct by mail ballot. For any precinct having fewer than one hundred registered voters where voting at a primary or a general election is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of that primary or general election, mail or deliver to each registered voter within that precinct a notice that the voting in that precinct will be by mail ballot, an application form for a mail ballot, and a postage prepaid envelope, preaddressed to the issuing officer. A mail ballot shall be issued to each voter who returns a properly executed application to the county auditor no later than the day of that primary or general election. Such application is valid for all subsequent mail ballot elections in that precinct so long as the voter remains qualified to vote.

At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.

In no instance shall any special election be conducted by mail ballot in any precinct with more than one hundred registered voters if candidates for partisan office are to be voted upon.

For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of such election, mail or deliver to each registered voter a mail ballot and an envelope, preaddressed to the issuing officer.

(2) For a two-year period beginning on the effective date of this act and ending two years after the effective date of this act, the county auditor may conduct the voting in any precinct by mail for any primary or election, partisan or nonpartisan, using the procedures set forth in RCW 29.36.120 through 29.36.139.

Sec. 8. RCW 29.36.160 and 1991 c 81 s 34 are each amended to read as follows:

A person who willfully violates any provision of this chapter regarding the assertion or declaration of qualifications to receive or cast an absentee ballot, unlawfully casts a vote by absentee ballot, or willfully violates any provision regarding the conduct of mail ballot ((~~special~~)) primaries or elections under RCW 29.36.120 through 29.36.139 is guilty of a class C felony punishable under RCW 9A.20.021. Except as provided in chapter 29.85 RCW a person who willfully violates any other provision of this chapter is guilty of a misdemeanor.