S-4624.1 _______________________________________________
SUBSTITUTE SENATE BILL 6188
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Senate Committee on Government Operations (originally sponsored by Senators Haugen, Winsley and Drew; by request of Secretary of State)
Read first time 01/31/94.
AN ACT Relating to voting; amending RCW 29.01.006, 29.04.040, 29.04.070, 29.04.100, 29.04.110, 29.07.010, 29.07.025, 29.07.070, 29.07.080, 29.07.090, 29.07.100, 29.07.115, 29.07.120, 29.07.130, 29.07.140, 29.07.170, 29.07.180, 29.07.260, 29.07.270, 29.07.300, 29.07.400, 29.07.410, 29.08.010, 29.08.050, 29.08.060, 29.10.020, 29.10.040, 29.10.051, 29.10.090, 29.10.100, 29.15.050, 29.24.040, 29.36.120, 29.36.121, 29.36.122, 29.48.010, and 46.20.205; reenacting and amending RCW 29.10.180; adding a new section to chapter 10.64 RCW; adding a new section to chapter 29.04 RCW; adding new sections to chapter 29.07 RCW; adding new sections to chapter 29.10 RCW; repealing RCW 29.07.015, 29.07.020, 29.07.050, 29.07.060, 29.07.065, 29.07.095, 29.07.105, 29.10.095, and 29.10.080; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 10.64 RCW to read as follows:
Within fourteen days of the entry of a judgment of conviction of an individual for a felony, the clerk of the court shall send a notice of the conviction including the full name of the defendant and his or her residential address to the county auditor or custodian of voting records in the county of the defendant's residence.
Sec. 2. RCW 29.01.006 and 1990 c 59 s 2 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) "Special 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;
(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;
(c) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote.
Sec. 3. RCW 29.04.040 and 1986 c 167 s 2 are each amended to read as follows:
(1) No paper ballot precinct may contain more than three hundred active registered voters. The county legislative authority may divide, alter, or combine precincts so that, whenever practicable, over-populated precincts shall contain no more than two hundred fifty active registered voters in anticipation of future growth.
(2) Precinct boundaries may be altered at any time as long as sufficient time exists prior to a given election for the necessary procedural steps to be honored. Except as permitted under subsection (5) of this section, no precinct boundaries may be changed during the period starting on the thirtieth day prior to the first day for candidates to file for the primary election and ending with the day of the general election.
(3) Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred active registered voters, but there shall be at least one voting machine or device for each three hundred active registered voters or major fraction thereof when a state primary or general election is held in an even-numbered year.
(4) On petition of twenty-five or more voters resident more than ten miles from any place of election, the county legislative authority shall establish a separate voting precinct therefor.
(5) The county auditor shall temporarily adjust precinct boundaries when a city annexes county territory to the city. The adjustment shall be made as soon as possible after the approval of the annexation. The temporary adjustment shall be limited to the minimum changes necessary to accommodate the addition of the territory to the city and shall remain in effect only until precinct boundary modifications reflecting the annexation are adopted by the county legislative authority.
The county legislative authority may establish by ordinance a limitation on the maximum number of active registered voters in each precinct within its jurisdiction. The limitation may be different for precincts based upon the method of voting used for such precincts and the number may be less than the number established by law, but in no case may the number exceed that authorized by law.
The county legislative authority of each county in the state hereafter formed shall, at their first session, divide their respective counties into election precincts with two hundred fifty active registered voters or less and establish the boundaries of the precincts. The county auditor shall thereupon designate the voting place for each such precinct.
Sec. 4. RCW 29.04.070 and 1965 c 9 s 29.04.070 are each amended to read as follows:
The secretary of state through ((his)) the
election division shall be the chief election officer for all federal, state,
county, city, town, and district elections and it shall be his or her
duty to keep records of such elections held in the state and to make such
records available to the public upon request, and to coordinate those state
election activities required by federal law.
Sec. 5. RCW 29.04.100 and 1975‑'76 2nd ex.s. c 46 s 1 are each amended to read as follows:
All poll books or current lists of registered
voters, except original voter registration forms or their images, shall
be public records and be made available for inspection under such reasonable
rules and regulations as the county auditor may prescribe. The county auditor
shall promptly furnish current lists or mailing labels of registered voters in
his or her possession, at actual reproduction cost, to any person
requesting such information: PROVIDED, That such lists and labels shall not be
used for the purpose of mailing or delivering any advertisement or offer for
any property, establishment, organization, product, or service or for
the purpose of mailing or delivering any solicitation for money, services,
or anything of value: PROVIDED, HOWEVER, That such lists and labels may be
used for any political purpose. ((In the case of political subdivisions
which encompass portions of more than one county, the request may be directed
to the secretary of state who shall contact the appropriate county auditors and
arrange for the timely delivery of the requested information.))
Sec. 6. RCW 29.04.110 and 1973 1st ex.s. c 111 s 3 are each amended to read as follows:
Except original voter registration forms or
their images, a reproduction of any form of data storage, in the custody of
the county auditor, ((for)) including poll books and precinct
lists of registered voters, ((including)) magnetic tapes or discs,
punched cards, and any other form of storage of such books and lists, shall at
the written request of any person be furnished to him or her by the
county auditor pursuant to such reasonable rules and regulations as the county
auditor may prescribe, and at a cost equal to the county's actual cost in
reproducing such form of data storage. Any data contained in a form of storage
furnished under this section shall not be used for the purpose of mailing or
delivering any advertisement or offer for any property, establishment,
organization, product or service or for the purpose of mailing or delivering
any solicitation for money, services or anything of value: PROVIDED, HOWEVER,
That such data may be used for any political purpose. Whenever the county
auditor furnishes any form of data storage under this section, he or she
shall also furnish the person receiving the same with a copy of RCW 29.04.120.
NEW SECTION. Sec. 7. A new section is added to chapter 29.04 RCW to read as follows:
Each county auditor shall maintain for at least two years and shall make available for public inspection and copying all records concerning the implementation of programs and activities conducted for the purpose of insuring the accuracy and currency of official lists of eligible voters. These records must include lists of the names and addresses of all persons to whom notices are sent and information concerning whether or not each person has responded to the notices. These records must contain lists of all persons removed from the list of eligible voters and the reasons why the voters were removed.
Sec. 8. RCW 29.07.010 and 1984 c 211 s 3 are each amended to read as follows:
(1) In all counties, the county auditor shall
be the chief registrar of voters for every precinct within the county. ((He
or she shall)) The auditor may appoint a ((deputy registrar))
registration assistant for each precinct or group of precincts and shall
appoint city or town clerks as ((deputy registrars)) registration
assistants to assist in registering persons residing in cities, towns, and
rural precincts within the county.
(2) In addition, the auditor ((shall)) may
appoint a ((deputy registrar)) registration assistant for each
common school. ((A deputy registrar in a common school shall be a school
official or school employee.)) The auditor ((shall)) may
appoint a ((deputy registrar)) registration assistant for each
fire station ((that he or she finds is convenient to the public for
registration purposes and is adequately staffed so that registration would not
be a great inconvenience for the fire station personnel. A fire station
appointee shall be a person employed at the station)). All common
schools, fire stations, and libraries shall make voter registration application
forms available.
(3) ((The auditor shall also appoint deputy
registrars to provide voter registration services for each state office
providing voter registration under RCW 29.07.025.
(4) A deputy registrar shall)) A registration assistant must be a registered
voter. Except for city and town clerks, each ((registrar shall)) registration
assistant holds office at the pleasure of the county auditor.
(((5))) (4) The county auditor
shall be the custodian of the official registration records of ((each precinct
within)) that county.
NEW SECTION. Sec. 9. A new section is added to chapter 29.07 RCW to read as follows:
"Information required for voter registration" means the minimum information provided on a voter registration application that is required by the county auditor in order to place a voter registration applicant on the voter registration rolls. This information includes the applicant's name, complete residence address, date of birth, and a signature attesting to the truth of the information provided on the application. All other information supplied is ancillary and not to be used as grounds for not registering an applicant to vote.
Sec. 10. RCW 29.07.025 and 1984 c 211 s 2 are each amended to read as follows:
(1) ((The director or chief administrative
officer of)) Each state agency designated under section 26 of
this act shall provide voter registration services for employees and the
public within each office of that agency ((which is convenient to the public
for registration purposes except where, or during such times as, the director
or officer finds that there would be a great inconvenience to the public or to
the operation of the agency due to inadequate staff time for this purpose)).
(2) The secretary of state shall design and provide a standard notice informing the public of the availability of voter registration, which notice shall be posted in each state agency where such services are available.
(3) The secretary of state shall design and provide standard voter registration forms for use by these state agencies.
Sec. 11. RCW 29.07.070 and 1990 c 143 s 7 are each amended to read as follows:
Except as provided under RCW 29.07.260, an
applicant for voter registration shall ((provide a voter registrar with))
complete an application providing the following information concerning
his or her qualifications as a voter in this state:
(1) The address of the last former registration of the applicant as a voter in the state;
(2) The applicant's full name;
(3) The applicant's date of birth;
(4) The address of the applicant's residence for voting purposes;
(5) The mailing address of the applicant if that address is not the same as the address in subsection (4) of this section;
(6) The sex of the applicant;
(7) A declaration that the applicant is a citizen of the United States; and
(8) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.
This information shall be recorded on a single registration form to be prescribed by the secretary of state.
If the applicant fails to provide the information required for voter registration, the auditor shall send the applicant a verification notice. The auditor shall not register the applicant until the required information is provided. If a verification notice is returned as undeliverable or the applicant fails to respond to the notice within forty-five days, the auditor shall not register the applicant to vote.
The following warning shall appear in a conspicuous place on the voter registration form:
"If you knowingly ((providing))
provide false information on this voter registration form or knowingly
((making)) make a false declaration about your qualifications for
voter registration ((is)) you will have committed a class
C felony that is punishable by imprisonment for up to five years, or by a fine
((not to exceed)) of up to ten thousand dollars, or ((by))
both ((such)) imprisonment and fine."
Sec. 12. RCW 29.07.080 and 1990 c 143 s 8 are each amended to read as follows:
For voter registrations executed under this
section, the ((registrar)) registrant shall ((require the
applicant to)) sign the following oath:
"I declare that the facts ((relating to
my qualifications as a voter recorded)) on this voter registration form are
true. I am a citizen of the United States, I am not presently denied my civil
rights as a result of being convicted of ((an infamous crime)) a
felony, I will have lived in Washington at this ((state, county,
and precinct)) address for thirty days immediately ((preceding))
before the next election at which I ((offer to)) vote, and I will
be at least eighteen years ((of age at the time of voting)) old when
I vote."
((The registration officer shall attest and
date this oath in the following form:
"Subscribed and sworn to before me this
. . . . day of . . . . . .,
19. . ., . . . . . . Registration
Officer."))
Sec. 13. RCW 29.07.090 and 1973 1st ex.s. c 21 s 5 are each amended to read as follows:
At the time of registering ((any)), a
voter((, each registration officer)) shall ((require him to))
sign his or her name upon a signature card ((containing spaces
for his surname)) to be transmitted to the secretary of state. The
voter shall also provide his or her first name followed by ((his given))
the last name or names and the name of the county ((and city or town,
with post office and street address, and the name or number of the precinct,))
in which ((the voter)) he or she is registered.
Sec. 14. RCW 29.07.100 and 1971 ex.s. c 202 s 13 are each amended to read as follows:
((Registration officers in incorporated))
In cities and towns, clerks shall ((keep their respective
offices open for registration of voters during the days and hours when the same
are open for the transaction of public business: PROVIDED, That in cities of
the first class, the county auditor shall establish on a permanent basis at
least one registration office in each legislative district that lies wholly or
partially within the city limits by appointing persons as deputy registrars who
may register any eligible elector of such city.
Each such deputy registrar, except for city and
town clerks, shall hold office at the pleasure of the county auditor and shall
maintain a fixed place, conveniently located, for the registration of voters
but nothing in this section shall preclude door-to-door registration including
registration from a portable office as in a trailer)) provide voter registration assistance during the
normal business hours of the office.
Sec. 15. RCW 29.07.115 and 1971 ex.s. c 202 s 23 are each amended to read as follows:
A person or organization collecting voter
registration application forms must transmit the forms to the secretary of
state or a designee at least once weekly((, the deputy registrars shall
transmit all registration records properly completed to the county auditor)).
Sec. 16. RCW 29.07.120 and 1971 ex.s. c 202 s 16 are each amended to read as follows:
On each Monday next following the registration
of any voter each county auditor shall transmit all cards required by RCW
29.07.090 ((which have been executed and)) received in ((his)) the
auditor's office during the prior week to the secretary of state for filing
((in his office. Each lot must be accompanied by the certificate of the
registrar that the cards so transmitted are the original cards, that they were
signed by the voters whose names appear thereon and that the voters are
registered in the precincts and from the addresses shown thereon)). The
secretary of state may exempt a county auditor who is providing electronic
voter registration and electronic voter signature information to the secretary
of state from the requirements of this section.
Sec. 17. RCW 29.07.130 and 1991 c 81 s 21 are each amended to read as follows:
(1) The cards required by RCW 29.07.090 shall be kept on file in the office of the secretary of state in such manner as will be most convenient for, and for the sole purpose of, checking initiative and referendum petitions. The secretary may maintain an automated file of voter registration information for any county or counties in lieu of filing or maintaining these voter registration cards if the automated file includes all of the information from the cards including, but not limited to, a retrievable facsimile of the signature of each voter of that county or counties. Such an automated file may be used only for the purpose authorized for the use of the cards.
(2) The county auditor shall have custody of the voter registration records for each county. The original voter registration form, as established by RCW 29.07.070, shall be filed alphabetically without regard to precinct and shall be considered confidential and unavailable for public inspection and copying. An automated file of all registered voters shall be maintained pursuant to RCW 29.07.220. An auditor may maintain the automated file in lieu of filing or maintaining the original voter registration forms if the automated file includes all of the information from the original voter registration forms including, but not limited to, a retrievable facsimile of each voter's signature.
(3) The following information contained in voter registration records or files regarding a voter or a group of voters is available for public inspection and copying: The voter's name, gender, voting record, date of registration, and registration number. The address of a registered voter or addresses of a group of voters are available for public inspection and copying except to the extent that the address of a particular voter is not so available under RCW 42.17.310(1)(bb). The political jurisdictions within which a voter or group of voters reside are also available for public inspection and copying except that the political jurisdictions within which a particular voter resides are not available for such inspection and copying if the address of the voter is not so available under RCW 42.17.310(1)(bb). No other information from voter registration records or files is available for public inspection or copying.
Sec. 18. RCW 29.07.140 and 1990 c 143 s 9 are each amended to read as follows:
(1) The secretary of state shall specify by
rule the ((form)) format of ((the)) all voter
registration ((records required under RCW 29.07.070 and 29.07.260)) applications.
These ((forms)) applications shall be compatible with existing
voter registration records. An applicant for voter registration shall be
required to complete only one ((form)) application and to provide
the required information other than his or her signature no more than one time.
These ((forms)) applications
shall also contain information for the voter to transfer his or her
registration.
(2) The secretary of state shall adopt by rule a uniform data format for transferring voter registration records on machine-readable media.
(3) All registration ((forms)) applications
required under RCW 29.07.070 and 29.07.260 shall be produced and furnished by
the secretary of state to the county auditors and the department of licensing.
(4) The secretary of state shall produce and distribute any instructional material and other supplies needed to implement RCW 29.07.260 through 29.07.300 and 46.20.155.
Sec. 19. RCW 29.07.170 and 1971 ex.s. c 202 s 21 are each amended to read as follows:
((Immediately)) Upon closing ((his))
of the registration files preceding an election, the county auditor
shall ((insert therein his certificate as to the authenticity thereof. He
shall then)) deliver the ((registration records for each precinct thus
certified)) precinct lists of registered voters to the inspector or
one of the judges ((thereof at the proper)) of each precinct or group
of precincts located at the polling place before the polls open.
Sec. 20. RCW 29.07.180 and 1971 ex.s. c 202 s 22 are each amended to read as follows:
The ((registration records of)) precinct
list of registered voters for each precinct or group of precincts
delivered to the precinct election officers for use on the day of an election
held in that precinct shall be returned by them to the county auditor upon the
completion of the count of the votes cast in the precinct at that election.
While in possession of the county auditor they shall be open to public
inspection under such reasonable rules and regulations as may be prescribed
therefor.
Sec. 21. RCW 29.07.260 and 1990 c 143 s 1 are each amended to read as follows:
(1) A person may register to vote or transfer a voter registration when he or she applies for or renews a driver's license or identification card under chapter 46.20 RCW.
(2) To register to vote or transfer a voter registration under this section, the applicant shall provide the following:
(a) His or her full name;
(b) Whether the address in the driver's license file is the same as his or her residence for voting purposes;
(c) The address of the residence for voting purposes if it is different from the address in the driver's license file;
(d) His or her mailing address if it is not the same as the address in (c) of this subsection;
(e) Additional information on the ((physical))
geographic location of that voting residence if it is only identified by
route or box;
(f) The last address at which he or she was registered to vote in this state;
(g) A declaration that he or she is a citizen of the United States; and
(h) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and to prevent duplicate or fraudulent voter registrations.
(3) The following warning shall appear in a conspicuous place on the voter registration form:
"If you knowingly ((providing))
provide false information on this voter registration form or knowingly
((making)) make a false declaration about your qualifications for
voter registration ((is)) you will have committed a class
C felony that is punishable by imprisonment for up to five years, or by a fine
((not to exceed)) of up to ten thousand dollars, or ((by))
both ((such)) imprisonment and fine."
(4) The applicant shall sign a portion of the form that can be used as an initiative signature card for the verification of petition signatures by the secretary of state and shall sign and attest to the following oath:
"I declare that the facts ((relating to
my qualifications as a voter recorded)) on this voter registration form are
true. I am a citizen of the United States, I am not presently denied my civil
rights as a result of being convicted of ((an infamous crime)) a
felony, I will have lived in ((this state, county, and precinct)) Washington
at this address for thirty days ((immediately preceding)) before
the next election at which I ((offer to)) vote, and I will be at least
eighteen years ((of age at the time of voting)) old when I vote."
(5) The driver licensing agent shall record that the applicant has requested to register to vote or transfer a voter registration.
(6) The following statement must appear in a conspicuous place on the voter registration form:
"If you decline to register to vote, the fact that you have chosen not to register will remain confidential and will be used only for voter registration purposes. If you choose to register to vote, the location of this office will remain confidential and be used only for voter registration purposes."
Sec. 22. RCW 29.07.270 and 1990 c 143 s 2 are each amended to read as follows:
(1) The secretary of state shall provide for
the voter registration forms submitted under RCW 29.07.260 to be collected from
each driver's licensing facility ((at least once each week)) within
five days of their completion.
(2) The department of licensing shall produce and transmit to the secretary of state a machine-readable file containing the following information from the records of each individual who requested a voter registration or transfer at a driver's license facility during each period for which forms are transmitted under subsection (1) of this section: The name, address, date of birth, and sex of the applicant and the driver's license number, the date on which the application for voter registration or transfer was submitted, and the location of the office at which the application was submitted.
(3) The department of licensing shall provide information on all persons changing their address on change of address forms submitted to the department unless the voter has indicated that the address change is not for voting purposes. This information will be transmitted to the secretary of state each week in a machine-readable file containing the following information on persons changing their address: The name, address, date of birth, and sex of the applicant, the applicant's driver's license number, the applicant's former address, the county code for the applicant's former address, and the date that the request for address change was received.
(4) The secretary of state shall forward this information to the appropriate county each week. When the information indicates that the voter has moved within the county, the county auditor shall use the change of address information to transfer the voter's registration and send the voter an acknowledgement notice of the transfer. If the information indicates that the new address is outside the voter's original county, the county auditor shall send the voter a registration by mail form at the voter's new address and advise the voter of the need to reregister in the new county. The auditor shall then place the voter on inactive status pending notification of a new registration in the new county.
Sec. 23. RCW 29.07.300 and 1990 c 143 s 5 are each amended to read as follows:
(1) The secretary of state shall deliver the files and lists of voter registration information produced under RCW 29.07.290 to the county auditors no later than ten days after the date on which that information was to be transmitted under RCW 29.07.270(1). The county auditor shall process these records in the same manner as voter registrations executed under RCW 29.07.080.
(2) If a registrant has indicated on the voter registration application form that he or she was previously registered in Washington, the auditor shall send a notice of cancellation to the auditor of the county in which the voter was previously registered.
Sec. 24. RCW 29.07.400 and 1991 c 81 s 11 are each amended to read as follows:
If any ((registrar or deputy registrar))
county auditor or registration assistant:
(1) Willfully neglects or refuses to perform any duty required by law in connection with the registration of voters; or
(2) Willfully neglects or refuses to perform such duty in the manner required by voter registration law; or
(3) Enters or causes or permits to be entered on the voter registration records the name of any person in any other manner or at any other time than as prescribed by voter registration law or enters or causes or permits to be entered on such records the name of any person not entitled to be thereon; or
(4) Destroys, mutilates, conceals, changes, or alters any registration record in connection therewith except as authorized by voter registration law,
he or she is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 25. RCW 29.07.410 and 1991 c 81 s 12 are each amended to read as follows:
Any person who:
(1) Knowingly provides false information on an application for voter registration under any provision of this title;
(2) Knowingly makes or attests to a false declaration as to his or her qualifications as a voter;
(3) Knowingly causes or permits himself or herself to be registered using the name of another person;
(4) Knowingly causes himself or herself to be
registered under two or more different names; ((or))
(5) Knowingly causes himself or herself to be registered in two or more counties;
(6) Offers to pay another person to assist in registering voters, where payment is based on a fixed amount of money per voter registration;
(7) Accepts payment for assisting in registering voters, where payment is based on a fixed amount of money per voter registration; or
(8) Knowingly causes any person to be registered or causes any registration to be transferred or canceled except as authorized under this title,
is guilty of a class C felony punishable under RCW 9A.20.021.
NEW SECTION. Sec. 26. A new section is added to chapter 29.07 RCW to read as follows:
The governor, in consultation with the secretary of state, shall designate agencies to provide voter registration services in compliance with federal statutes.
NEW SECTION. Sec. 27. A new section is added to chapter 29.07 RCW to read as follows:
(1) A person may register to vote or transfer a voter registration when he or she applies for service or assistance and with each renewal, recertification, or change of address at agencies designated under section 26 of this act.
(2) A prospective applicant shall initially be offered a form adopted by the secretary of state that is designed to determine whether the person wishes to register to vote. The form must comply with all applicable state and federal statutes regarding content.
The form shall also contain a box that may be checked by the applicant to indicate that he or she declines to register.
If the person indicates an interest in registering or has made no indication as to a desire to register or not register to vote, the person shall be given a mail-in voter registration application or a prescribed agency application as provided by section 28 of this act.
NEW SECTION. Sec. 28. A new section is added to chapter 29.07 RCW to read as follows:
(1) The secretary of state shall prescribe the method of voter registration for each designated agency. The agency shall use either the state voter registration by mail form with a separate declination form for the applicant to indicate that he or she declines to register at this time, or the agency may use a separate form approved for use by the secretary of state.
(2) The person providing service at the agency shall offer voter registration services to every client whenever he or she applies for service or assistance and with each renewal, recertification, or change of address. The person providing service shall give the applicant the same level of assistance with the voter registration application as is offered to fill out the agency's forms and documents.
(3) If an agency uses a computerized application process, it may, in consultation with the secretary of state, develop methods to simultaneously capture the information required for voter registration during a person's computerized application process.
(4) Each designated agency shall provide for the voter registration application forms to be collected from each agency office at least once each week. The agency shall then forward the application forms to the secretary of state each week. The secretary of state shall forward the forms to the county in which the applicant has registered to vote no later than ten days after the date on which the forms were received by the secretary of state.
NEW SECTION. Sec. 29. A new section is added to chapter 29.07 RCW to read as follows:
The secretary of state shall:
(1) Coordinate with the designated agencies and county auditors on the implementation of sections 27 and 28 of this act;
(2) Adopt rules governing the delivery and processing of voter registration application forms submitted under sections 27 and 28 of this act and ensuring the integrity of the voter registration process and of the integrity and confidentiality of data on registered voters collected under sections 27 and 28 of this act.
Sec. 30. RCW 29.08.010 and 1993 c 434 s 1 are each amended to read as follows:
The definitions set forth in this section
apply throughout this chapter, unless the context clearly requires
otherwise((,)).
(1) "By mail" means
delivery of a completed original voter registration ((form)) application
by mail((,)) or by personal delivery((, or by courier to a
county auditor)). The secretary of state, in consultation with the
county auditors, may adopt rules to develop a process to receive and distribute
these applications.
(2) For voter registration applicants, "date of mailing" means the date of the postal cancellation on the voter registration application. This date will also be used as the date of application for the purpose of meeting the registration cutoff deadline. If the postal cancellation date is illegible then the date of receipt by the elections official is considered the date of application. If an application is received by the elections official by the close of business on the fifth day after the cutoff date for voter registration and the postal cancellation date is illegible, the application will be considered to have arrived by the cutoff date for voter registration.
Sec. 31. RCW 29.08.050 and 1993 c 434 s 5 are each amended to read as follows:
In addition to the information required under
RCW 29.07.070, when registering to vote by mail under this chapter, the applicant
shall sign a portion of the form that can be used as an initiative signature
card for the verification of petition signatures by the secretary of state and
shall sign and attest to the following oath: "I declare that the facts ((relating
to my qualifications as a voter recorded)) on this voter registration form
are true. I am a citizen of the United States, I am not presently denied my
civil rights as a result of being convicted of ((an infamous crime)) a
felony, I will have lived in ((this state, county, and precinct)) Washington
at this address for thirty days immediately ((preceding)) before
the next election at which I ((offer to)) vote, and I will be at least
eighteen years ((of age at the time of voting)) old when I vote."
The voter registration by mail form shall
provide, in a conspicuous place, the following warning: "If you knowingly
((providing)) provide false information on this voter
registration form or knowingly ((making)) make a false
declaration about your qualifications for voter registration ((is))
you will have committed a class C felony that is punishable by
imprisonment for up to five years, or by a fine ((not to exceed)) of
up to ten thousand dollars, or ((by)) both ((such))
imprisonment and fine."
Sec. 32. RCW 29.08.060 and 1993 c 434 s 6 are each amended to read as follows:
(1) On receipt of an application for
voter registration under this chapter, the county auditor shall review the
application to determine whether the information supplied is complete. An
application that contains the applicant's name, complete valid residence
address, date of birth, and signature is complete. If it is not complete,
the auditor shall promptly ((send)) mail a verification notice of
the deficiency to the applicant. This verification notice shall require the
applicant to provide the missing information. If the verification notice is
not returned by the applicant or is returned as undeliverable the auditor shall
not place the name of the applicant on the county voter list. If the applicant
provides the required information, the applicant shall be registered to vote as
of the date of mailing of the original voter registration application.
(2) If the information is complete, the
applicant is considered to be registered to vote as of the date
of ((the application's postmark. If there is no postmark or if the postmark
is illegible, the applicant is registered on the date the complete and correct
application was received by the auditor)) mailing. The auditor
shall record the appropriate precinct identification, taxing district
identification, and date of registration on the voter's record. Within
forty-five days after the receipt of an application but no later than seven
days before the next primary, special election, or general election, the
auditor shall send to the applicant, by first class mail, ((a voter
registration card)) an acknowledgement notice identifying the
registrant's precinct and containing such other information as may be required
by the secretary of state. The postal service shall be instructed not to
forward a voter registration card to any other address and to return to the
auditor any card which is not deliverable. If the applicant has indicated
that he or she was registered previously in this state, the auditor shall
notify the auditor of the county where the applicant was previously registered
so that the previous registration may be canceled.
(3) If ((a voter registration)) an
acknowledgement notice card is properly mailed as required by this section
to the address listed by the ((applicant)) voter as being the ((applicant's))
voter's mailing address and the ((card)) notice is
subsequently returned to the auditor by the postal service as being undeliverable
to the ((applicant)) voter at that address, the auditor shall ((immediately
cancel the voter registration of the applicant. The auditor shall))
promptly send the ((applicant)) voter a confirmation
notice ((and explanation of the cancellation, and a registration application
form. The postal service shall be requested to forward this notice as
applicable)). The auditor shall place the voter's registration on
inactive status pending a response from the voter to the confirmation notice.
NEW SECTION. Sec. 33. A new section is added to chapter 29.10 RCW to read as follows:
The definitions set forth in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Verification notice" means a notice sent by the county auditor to a voter registration applicant and is used to verify or collect information about the applicant in order to complete the registration.
(2) "Acknowledgement notice" means a notice sent by nonforwardable mail by the county auditor to a registered voter to acknowledge a voter registration transaction, which can include initial registration, transfer, or reactivation of an inactive registration. An acknowledgement notice may be a voter registration card.
(3) "Confirmation notice" means a notice sent to a registered voter by first class forwardable mail at the address indicated on the voter's permanent registration record and to any other address at which the county auditor could reasonably expect mail to be received by the voter in order to confirm the voter's residence address. The confirmation notice must be designed so that the voter may update his or her current residence address.
NEW SECTION. Sec. 34. A new section is added to chapter 29.10 RCW to read as follows:
Registered voters are divided into two categories, "active" and "inactive." All registered voters are classified as active, unless assigned to inactive status by the county auditor.
Sec. 35. RCW 29.10.020 and 1991 c 81 s 23 are each amended to read as follows:
To maintain a valid voter registration, 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; (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)) may
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.))
Sec. 36. RCW 29.10.040 and 1991 c 81 s 24 are each amended to read as follows:
((Except as provided in RCW 29.10.170,))
A registered voter who changes his or her residence from one county to
another county, shall be required to register anew. Before registering anew,
the voter shall sign an authorization to cancel his or her present
registration. The authorization shall be on a form prescribed by the secretary
of state by rule. The authorization shall be forwarded promptly to the county
auditor of the county in which the voter was previously registered. The county
auditor of the county where the previous registration was made shall cancel the
registration of the voter if it appears that the signatures in the registration
record and on the cancellation authorization form were made by the same person.
Sec. 37. RCW 29.10.051 and 1991 c 81 s 25 are each amended to read as follows:
To maintain a valid voter registration, a
person who changes his or her name shall notify the county auditor regarding
the name change in one of the following ways: (1) By sending the auditor a
notice clearly identifying the name under which he or she is registered to
vote, the voter's new name, and the voter's residence. Such a notice must be
signed by the voter using both this former name and the voter's new name; (2)
by appearing in person before the auditor or a ((deputy registrar)) registration
assistant and signing such a change-of-name notice; ((or)) (3) by
signing such a change-of-name notice at the voter's precinct polling place on
the day of a primary or special or general election; (4) by properly
executing a name change on a mail-in registration application or a prescribed
state agency application.
A properly registered voter who files a change-of-name notice at the voter's precinct polling place during a primary or election and who desires to vote at that primary or election shall sign the poll book using the voter's former and new names in the same manner as is required for the change-of-name notice.
The secretary of state may adopt rules facilitating the implementation of this section.
NEW SECTION. Sec. 38. A new section is added to chapter 29.10 RCW to read as follows:
A county auditor shall assign a registered voter to inactive status if any of the following documents are returned by the postal service as undeliverable:
(1) An acknowledgement of registration;
(2) An acknowledgement of transfer to a new address;
(3) A vote-by-mail ballot, absentee ballot, or application for a ballot;
(4) Notification to a voter after precinct reassignment;
(5) Notification to serve on jury duty;
(6) Whenever change of address information received from the department of licensing under RCW 29.07.270, or by any other agency designated to provide voter registration services under section 26 of this act, indicates that the voter has moved to an address outside the county;
(7) The auditor receives postal change of address information under RCW 29.10.180, indicating that the voter has moved out of the county; or
(8) Any document other than a confirmation notice, required by statute, to be mailed by the county auditor to the voter.
NEW SECTION. Sec. 39. A new section is added to chapter 29.10 RCW to read as follows:
The county auditor shall return an inactive voter to active status if the voter notifies the auditor of a change of address, responds to a confirmation notice with information indicating that the voter continues to reside at the listed address, votes or appears to vote in an election during the period beginning on the date of a confirmation notice and ending on the day after the date of the second general election for federal office that occurs after the date of a confirmation notice, or signs any petition authorized by statute, the signatures to which are required by law to be verified by the county auditor.
NEW SECTION. Sec. 40. A new section is added to chapter 29.10 RCW to read as follows:
The county auditor shall remove the name of an inactive voter from the official voter registration file if the inactive voter fails to respond to a confirmation notice and has not voted or appeared to vote in an election during the period beginning on the date of a confirmation notice and ending on the day after the date of the second general election for federal office that occurs after the date of a confirmation notice.
NEW SECTION. Sec. 41. A new section is added to chapter 29.10 RCW to read as follows:
Election officials shall not include inactive voters in the count of registered voters for the purpose of dividing precincts, creating vote-by-mail precincts, determining voter turnout, or other purposes in law for which the determining factor is the number of registered voters.
Sec. 42. RCW 29.10.090 and 1983 c 110 s 1 are each amended to read as follows:
The local registrar of vital statistics in cities of the first class shall submit monthly to the county auditor a list of the names and addresses, if known, of all persons over eighteen years of age who have died.
The registrar of vital statistics of the state shall supply such monthly lists for each county of the state, exclusive of cities of the first class, to the county auditor thereof. The county auditors shall compare such lists with the registration records and cancel the registrations of deceased voters. The county auditor may also use newspaper obituary articles as a source of information in order to cancel a voter's registration. The auditor must verify the identity of the voter by matching the voter's date of birth or an address. The auditor shall record the date and source of the obituary in the cancellation records.
In addition to the above manner of canceling
registration records of deceased voters, any registered voter may sign a
statement, subject to the penalties of perjury, to the effect that to his or
her personal knowledge or belief another registered voter is deceased.
This statement may be filed with ((any registration officer and the deputy
registrar shall promptly forward such statement to)) the county auditor.
Upon the receipt of such signed statement, the county auditor shall cancel the
registration records concerned and so notify the secretary of state. Upon receipt
of such notice, the secretary of state shall in turn cancel his or her
copy of said registration record.
The secretary of state as chief elections officer shall cause such form to be designed to carry out the provisions of this section. The county auditors shall have such forms available for public use. Further, each such public officer having jurisdiction of an election shall make available a reasonable supply of such forms for the use of the precinct election officers at each polling place on the day of an election.
NEW SECTION. Sec. 43. A new section is added to chapter 29.10 RCW to read as follows:
Upon receiving official notice of a person's conviction of a felony in either state or federal court, if the convicted person is a registered voter in the county, the county auditor or custodian of voting records shall strike the name of the defendant from the roll of registered voters.
Sec. 44. RCW 29.10.100 and 1971 ex.s. c 202 s 31 are each amended to read as follows:
On the Monday next following the ((transfer
or)) cancellation of the registration of any voter or the change of name
of a voter, each county auditor must certify to all ((transfers or))
cancellations or name changes made during the prior week to the
secretary of state. The certificate shall set forth the name of each voter
whose registration has been ((transferred or)) canceled or whose name
was changed, and the county, city or town, and precinct in which ((he))
the voter was registered ((and, in case of a transfer, also the name
of the county and city or town, the name or number of the precinct and the post
office address (including street and number) to which the registration of the
voter was transferred)).
Sec. 45. RCW 29.10.180 and 1993 c 434 s 10 and 1993 c 417 s 8 are each reenacted and amended to read as follows:
The county auditor shall establish a general program of voter registration list maintenance. This program must be applied uniformly throughout the county and must be nondiscriminatory in its application. Any program established must be completed 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 ((finds that information received under such a contract gives
the appearance)) receives change of address information from the United
States postal service that indicates that a voter has changed his or
her residence address((, the auditor shall notify the voter concerning the
requirements of state and federal laws governing voter registration and
residence)) within the county, the auditor shall transfer the
registration of that voter and send an acknowledgement notice 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. The auditor shall place the
voter's registration on inactive status pending the voter's response to the
confirmation notice;
(2) ((Whenever any vote-by-mail ballot,
notification to voters following reprecincting of the county, notification to
voters of selection to serve on jury duty, notification under subsection (1) of
this section, or voter identification card other than a voter identification
card issued under RCW 29.08.060 is returned by the postal service as
undeliverable, the county auditor shall, in every instance, inquire into the
validity of the registration of that voter.
(3) The county auditor shall initiate his or
her inquiry by sending, by first-class mail, a written notice to the challenged
voter at the address indicated on the voter's permanent registration record and
to any other address at which the county auditor could reasonably expect mail
to be received by the voter. The county auditor shall not request any
restriction on the forwarding of such notice by the postal service. The notice
shall contain the nature of the inquiry and provide a suitable form for reply.
The notice shall also contain a warning that the county auditor must receive a
response within ninety days from the date of mailing the notice of inquiry in a
case resulting from a returned vote-by-mail ballot or forty-five days from the
date of mailing in all other cases or the individual's voter registration will
be canceled.
(4) The voter, in person or in writing, may
state that the information on the permanent voter registration record is correct
or may request a change in the address information on the permanent
registration record no later than the ninetieth day or forty-fifth day, as
appropriate, after the date of mailing the inquiry.
(5) Upon the timely receipt of a response
signed by the voter, the county auditor shall consider the inquiry satisfied
and will make any address corrections requested by the voter on the permanent
registration record. The county auditor shall cancel the registration of a
voter who fails to respond to the notice of inquiry within ninety days after
the date of mailing the notice in a case resulting from a returned vote-by-mail
ballot, or, in all other cases, within forty-five days after the date of
mailing.
(6) The county auditor shall notify any voter
whose registration has been canceled by sending, by first class mail, a written
notice to the address indicated on the voter's permanent registration record
and to any other address to which the original inquiry was sent. Upon receipt
of a satisfactory voter response, the auditor shall reinstate the voter.
(7) A voter whose registration has been
canceled under this section and who offers to vote at the next ensuing election
shall be issued a questioned ballot. Upon receipt of such a questioned ballot
the auditor shall investigate the circumstances surrounding the original
cancellation. If he or she determines that the cancellation was in error, the
voter's registration shall be immediately reinstated, and the voter's
questioned ballot shall be counted. If the original cancellation was not in
error, the voter shall be afforded the opportunity to reregister at his or her
correct address, and the voter's questioned ballot shall not be counted.)) Making a direct, nonforwardable, first-class,
return if undeliverable, address correction requested, mailing to every
registered voter within the county. 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.
NEW SECTION. Sec. 46. A new section is added to chapter 29.10 RCW to read as follows:
Whenever a vote-by-mail ballot, notification to voters following reprecincting of the county, notification to voters of selection to serve on jury duty, notification under RCW 29.10.180, or voter identification card is returned by the postal service as undeliverable, the county auditor shall send the voter a confirmation notice and place the voter on inactive status pending the voter's response to the confirmation notice.
NEW SECTION. Sec. 47. A new section is added to chapter 29.10 RCW to read as follows:
Confirmation notices must be on a form prescribed by, or approved by, the secretary of state and must request that the voter confirm that he or she continues to reside at the address of record and desires to continue to use that address for voting purposes. The notice must inform the voter that if the voter does not return the form and does not vote in either of the next two federal elections, his or her voter registration will be canceled.
NEW SECTION. Sec. 48. A new section is added to chapter 29.10 RCW to read as follows:
If the response to the confirmation notice provides the county auditor with the information indicating that the voter has moved within the county, the auditor shall transfer the voter's registration. If the response indicates that the voter has left the county, the auditor shall cancel the voter's registration.
NEW SECTION. Sec. 49. A new section is added to chapter 29.10 RCW 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 shall 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 special ballot. The voter shall mark the special ballot in secrecy, the ballot shall be placed in a security envelope, the security envelope placed in a special ballot envelope, and the reasons for the use of the special ballot noted.
(3) Upon receipt of such a special ballot the auditor shall investigate the circumstances surrounding the original cancellation. If he or she determines that the cancellation was in error, the voter's registration shall be immediately reinstated, and the voter's special ballot shall be counted. If the original cancellation was not in error, the voter shall be afforded the opportunity to reregister at his or her correct address, and the voter's special ballot shall not be counted.
Sec. 50. RCW 29.15.050 and 1990 c 59 s 85 are each amended to read as follows:
A filing fee of one dollar shall accompany each declaration of candidacy for precinct committee officer; a filing fee of ten dollars shall accompany the declaration of candidacy for any office with a fixed annual salary of one thousand dollars or less; a filing fee equal to one percent of the annual salary of the office at the time of filing shall accompany the declaration of candidacy for any office with a fixed annual salary of more than one thousand dollars per annum. No filing fee need accompany a declaration of candidacy for any office for which compensation is on a per diem or per meeting attended basis, nor for the filing of any declaration of candidacy by a write-in candidate.
A candidate who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit with his or her declaration of candidacy a nominating petition. The petition shall contain not less than a number of signatures of active or inactive registered voters equal to the number of dollars of the filing fee. The signatures shall be of voters registered to vote within the jurisdiction of the office for which the candidate is filing.
When the candidacy is for:
(1) A legislative or judicial office that includes territory from more than one county, the fee shall be paid to the secretary of state for equal division between the treasuries of the counties comprising the district.
(2) A city or town office, the fee shall be paid to the county auditor who shall transmit it to the city or town clerk for deposit in the city or town treasury.
Sec. 51. RCW 29.24.040 and 1989 c 215 s 4 are each amended to read as follows:
A certificate evidencing nominations made at a convention must:
(1) Be in writing;
(2) Contain the name of each person nominated, his or her residence, and the office for which he or she is named, and if the nomination is for the offices of president and vice-president of the United States, a sworn statement from both nominees giving their consent to the nomination;
(3) Identify the minor political party or the independent candidate on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and secretary;
(5) Be accompanied by a nominating petition or petitions bearing the signatures and addresses of active or inactive registered voters equal in number to that required by RCW 29.24.030;
(6) Contain proof of publication of the notice of calling the convention; and
(7) Be submitted to the appropriate filing officer not later than one week following the adjournment of the convention at which the nominations were made. If the nominations are made only for offices whose jurisdiction is entirely within one county, the certificate and nominating petitions must be filed with the county auditor. If a minor party or independent candidate convention nominates any candidates for offices whose jurisdiction encompasses more than one county, all nominating petitions and the convention certificates must be filed with the secretary of state.
Sec. 52. RCW 29.36.120 and 1993 c 417 s 1 are each amended to read as follows:
At any primary or election, general or special,
the county auditor may, in any precinct having fewer than two hundred active
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 two hundred active 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 active and inactive
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 the application is valid so long as the voter remains active
and 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 two hundred or more active 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 active registered voter a mail ballot and an envelope, preaddressed to the issuing officer. The auditor shall send to each inactive voter, at the auditor's option, either a ballot or an application to receive a ballot. If the inactive voter returns a voted ballot, the ballot shall be counted and the voter's status restored to active. If the inactive voter completes and returns an application, a ballot shall be sent and the voter's status restored to active.
Sec. 53. RCW 29.36.121 and 1993 c 417 s 2 are each amended to read as follows:
(1) 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.
(2) In an odd-numbered year, the county auditor may conduct by mail ballot a primary or a special election concurrently with the primary:
(a) For any office or ballot measure of a special purpose district which is entirely within the county;
(b) For any office or ballot measure of a special purpose district which lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and
(c) For any ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.
A primary in an odd-numbered year may not be conducted by mail ballot in any precinct with two hundred or more active registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.
(3) 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 before the date of such election, mail or deliver to each registered voter a mail ballot and an envelope, preaddressed to the issuing officer. The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot.
(4) To the extent they are not inconsistent with subsections (1) through (3) of this section, the laws governing the conduct of mail ballot special elections apply to nonpartisan primaries conducted by mail ballot.
Sec. 54. RCW 29.36.122 and 1993 c 417 s 3 are each amended to read as follows:
For any special election conducted by mail, the county auditor shall send a mail ballot with a return identification envelope to each active registered voter of the district in which the special election is being conducted not sooner than the twenty-fifth day before the date of the election and not later than the fifteenth day before the date of the election. The envelope in which the ballot is mailed must clearly indicate that the ballot is not to be forwarded and is to be returned to the sender with return postage guaranteed. The auditor shall send an application to receive a ballot to all inactive voters of the district. Upon receipt of a completed application the auditor shall send a ballot and restore the voter's status to active.
Sec. 55. RCW 29.48.010 and 1990 c 59 s 35 are each amended to read as follows:
The county auditor shall provide in each polling place a sufficient number of voting booths or voting devices along with any supplies necessary to enable the voter to mark or register his or her choices on the ballot and within which the voters may cast their votes in secrecy. Where paper ballots are used for voting, the number of voting booths shall be at least one for every fifty active registered voters in the precinct.
Sec. 56. RCW 46.20.205 and 1989 c 337 s 6 are each amended to read as follows:
Whenever any person after applying for or receiving a driver's license or identicard moves from the address named in the application or in the license or identicard issued to him or her or when the name of a licensee or holder of an identicard is changed by marriage or otherwise, the person shall within ten days thereafter notify the department in writing on a form provided by the department of his or her old and new addresses or of such former and new names and of the number of any license then held by him or her. The written notification is the exclusive means by which the address of record maintained by the department concerning the licensee or identicard holder may be changed. The form must contain a place for the person to indicate that the address change is not for voting purposes. The department of licensing shall notify the secretary of state by the means described in RCW 29.07.270(3) of all change of address information received by means of this form except information on persons indicating that the change is not for voting purposes. Any notice regarding the cancellation, suspension, revocation, probation, or nonrenewal of the driver's license, driving privilege, or identicard mailed to the address of record of the licensee or identicard holder is effective notwithstanding the licensee's or identicard holder's failure to receive the notice.
NEW SECTION. Sec. 57. The following acts or parts of acts are each repealed:
(1) RCW 29.07.015 and 1985 c 205 s 15;
(2) RCW 29.07.020 and 1971 ex.s. c 202 s 5 & 1965 c 9 s 29.07.020;
(3) RCW 29.07.050 and 1971 ex.s. c 202 s 7 & 1965 c 9 s 29.07.050;
(4) RCW 29.07.060 and 1973 1st ex.s. c 21 s 1, 1971 ex.s. c 202 s 8, & 1965 c 9 s 29.07.060;
(5) RCW 29.07.065 and 1986 c 167 s 4 & 1973 1st ex.s. c 21 s 2;
(6) RCW 29.07.095 and 1973 1st ex.s. c 21 s 6, 1971 ex.s. c 202 s 12, & 1965 c 9 s 29.07.095;
(7) RCW 29.07.105 and 1971 ex.s. c 202 s 14 & 1965 c 9 s 29.07.105; and
(8) RCW 29.10.095 and 1971 ex.s. c 202 s 30 & 1965 c 9 s 29.10.095.
NEW SECTION. Sec. 58. RCW 29.10.080 and 1977 ex.s. c 361 s 27, 1971 ex.s. c 202 s 28, 1967 ex.s. c 109 s 3, & 1965 c 9 s 29.10.080 are each repealed.
NEW SECTION. Sec. 59. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 60. Sections 1 through 3, 7, 10 through 12, 21, 22, 25, 27, 28, 31 through 34, 37 through 41, 43, 45 through 56, and 58 of this act take effect January 1, 1995.
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