[atlas:bill]

AN ACT Relating to elections; amending RCW 29.15.025, 29.01.140, and 29.85.100; and adding a new section to chapter 29.85 RCW.

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

Sec. 1. RCW 29.15.025 and 1993 c 317 s 10 are each amended to read as follows:

(1) A person filing a declaration and affidavit of candidacy for an office ((~~shall~~)) must, at the time of filing, possess the qualifications specified by law for persons who may be elected to the office and, except as provided in RCW 3.46.067 and 3.50.057, must have been properly registered to vote in the geographic area represented by the office for at least one year before the date of filing the declaration and affidavit of candidacy.

(2) The name of a candidate for an office shall not appear on a ballot for that office unless, except as provided in RCW 3.46.067 and 3.50.057, the candidate ((is)) has been, at the time the candidate's declaration and affidavit of candidacy is filed, properly registered to vote in the geographic area represented by the office for at least one year before the date of filing the declaration and affidavit of candidacy. ((For the purposes of this section, each geographic area in which registered voters may cast ballots for an office is represented by that office. If a person elected to an office must be nominated from a district or similar division of the geographic area represented by the office, the name of a candidate for the office shall not appear on a primary ballot for that office unless the candidate is, at the time the candidate's declaration and affidavit of candidacy is filed, properly registered to vote in that district or division.)) The officer with whom declarations and affidavits of candidacy must be filed under this title shall review each such declaration filed regarding compliance with this subsection.

(3) For purposes of this section, the term "geographic area" means the county, city, town, or district represented by the office or, where wards or similar divisions within a larger geographic area are used for nomination or election purposes, the ward or similar division represented by the office. The time an eighteen year old resided in the geographic area immediately before registering to vote must be included in computing the one-year period under subsections (1) and (2) of this section.

(4) This section does not apply to the office of a member of the United States Congress.

Sec. 2. RCW 29.01.140 and 1971 ex.s. c 178 s 1 are each amended to read as follows:

"Residence" for the purpose of registering and voting means a person's permanent address where he or she physically resides and maintains his or her abode((~~: PROVIDED, That~~)) and domicile. However, no person gains residence by reason of his or her presence or loses his or her residence by reason of his or her absence:

(1) While employed in the civil or military service of the state or of the United States;

(2) While engaged in the navigation of the waters of this state or the United States or the high seas;

(3) While a student at any institution of learning;

(4) While confined in any public prison.

Absence from the state on business ((~~shall~~)) does not affect the question of residence of any person unless the right to vote has been claimed or exercised elsewhere.

Sec. 3. RCW 29.85.100 and 1991 c 81 s 8 are each amended to read as follows:

Every person who:

(1) Knowingly and falsely issues a certificate of nomination or election; or

(2) Knowingly provides false information on a certificate which must be filed with an elections officer under chapter 29.24 RCW; or

(3) Knowingly provides false information on his or her declaration and affidavit of candidacy or petition of nomination for an office; or

(4) Conceals or fraudulently defaces or destroys a certificate which has been filed with an elections officer under chapter 29.24 RCW or a declaration of candidacy or petition of nomination which has been filed with an elections officer, or any part of such a certificate, declaration, or petition, is guilty of a class C felony punishable under RCW 9A.20.021.

NEW SECTION. Sec. 4. A new section is added to chapter 29.85 RCW to read as follows:

Regular law enforcement officers of the jurisdiction where a crime established under this title allegedly has occurred, including the sheriff, deputy sheriffs, police chief, police officers, town marshal, and deputy town marshals, are responsible for investigating these alleged crimes.