AN ACT Relating to voter registration by mail;
amending RCW 29.10.180; adding a new chapter to Title 29 RCW; repealing RCW
29.07.040; prescribing penalties; and providing an effective date.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
Unless the context clearly requires otherwise, "by mail" means
delivery of a completed original voter registration form by mail, by personal
delivery, or by courier to a county auditor.
NEW SECTION. Sec. 2.
The county auditor is responsible for the conduct of voter registration under
this chapter within the county. Except where inconsistent with this chapter,
the remaining provisions of Title 29 RCW apply to registration by mail.
NEW SECTION. Sec. 3.
Any elector of this state may register to vote by mail under this chapter.
NEW SECTION. Sec. 4.
The county auditor shall distribute forms by which a person may register to
vote by mail and cancel any previous registration in this state. The county
auditor shall keep a supply of voter registration forms in his or her office at
all times for political parties and others interested in assisting in voter
registration, and shall make every effort to make these forms generally
available to the public. The county auditor shall provide voter registration
forms to city and town clerks, state offices, schools, fire stations, and any
other locations considered appropriate by the auditor for extending
registration opportunities to all areas of the county. After the initial
distribution of voter registration forms to a given location, a representative
designated by the official in charge of that location shall notify the county
auditor of the need for additional voter registration supplies.
NEW SECTION. Sec. 5. 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, I will have lived in this state, county,
and precinct thirty days immediately preceding the next election at which I
offer to vote, and I will be at least eighteen years of age at the time of
voting."
The voter registration by mail form shall
provide, in a conspicuous place, the following warning: "Knowingly
providing false information on this voter registration form or knowingly making
a false declaration about your qualifications for registration is a class C
felony punishable by imprisonment for up to five years, or by a fine not to
exceed ten thousand dollars, or by both such imprisonment and fine."
NEW SECTION. Sec. 6. On
receipt of an application for voter registration under this chapter, the county
auditor shall review the application to determine whether the information
supplied is complete. If it is not, the auditor shall promptly send notice of
the deficiency to the applicant. If the information is complete, the applicant
is registered as of the date of the application's postmark. If there is no
postmark or if the postmark is illegible, the applicant is registered on the
date the complete and correct application was received by the auditor. The
auditor shall record the appropriate precinct identification, taxing district
identification, and date of registration on the voter's record. Within
forty-five days after the receipt of an application but no later than seven
days before the next primary, special election, or general election, the
auditor shall send to the applicant, by first class mail, a voter registration
card identifying the registrant's precinct and containing such other information
as may be required by the secretary of state. The postal service shall be
instructed not to forward a voter registration card to any other address and to
return to the auditor any card which is not deliverable.
If a voter registration card is properly mailed
as required by this section to the address listed by the applicant as being the
applicant's mailing address and the card is subsequently returned to the
auditor by the postal service as being undeliverable to the applicant at that
address, the auditor shall immediately cancel the voter registration of the
applicant. The auditor shall promptly send the applicant a notice and
explanation of the cancellation, and a registration application form. The
postal service shall be requested to forward this notice as applicable.
NEW SECTION. Sec. 7.
The secretary of state shall adopt an application form for registering by mail
under RCW 29.07.140. An applicant registering to vote by mail shall be
required to complete only one form and to provide the required information,
other than his or her signature, no more than once. The form shall also
contain instructions on its use, a notification of filing deadlines, a warning
to the applicant of the penalty for knowingly supplying false information, and
space for the county auditor to enter the voter's precinct identification,
taxing district identification, and registration number. The secretary of
state shall develop the form in consultation with the county auditors.
NEW SECTION. Sec. 8.
The secretary of state shall furnish registration forms necessary to carry out
the registration of voters as provided by this chapter without cost to the
respective counties. However, costs incurred by the secretary of state during
1994 and 1995 in the printing and distribution of voter registration forms
shall be reimbursed by the counties. This cost shall be considered an election
cost under RCW 29.13.045 and be prorated as part of the 1994 and 1995 general
election costs.
NEW SECTION. Sec. 9.
Violations of this chapter shall be prosecuted under chapter 29.07 RCW or any
other applicable provisions of law.
Sec. 10.
RCW 29.10.180 and 1991 c 363 s 31 are each amended to read as follows:
(1) The county auditor may enter 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 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.
(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 ((initial)) voter identification card other than a
voter identification card issued under section 6 of this act is returned by
the postal service as undeliverable, the county auditor shall, in every
instance, inquire into the validity of the registration of that voter.
(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 forty-five days from the date of mailing 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 forty-fifth day 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 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.
NEW SECTION. Sec. 11.
Sections 1 through 9 of this act shall constitute a new chapter in Title 29
RCW.
NEW SECTION. Sec. 12.
RCW 29.07.040 and 1971 ex.s. c 202 s 6 & 1965 c 9 s 29.07.040 are each
repealed.
NEW SECTION. Sec. 13.
Sections 1 through 9 and 12 of this act take effect on January 1, 1994.
