AN
ACT Relating to election laws; amending RCW 29.04.050, 29.04.120, 29.04.170,
29.07.010, 29.07.120, 29.07.260, 29.08.080, 29.10.100, 29.15.025, 29.15.050,
29.30.101, 29.36.013, 29.57.010, 29.57.070, 29.57.090, 29.57.100, 29.57.130,
29.57.140, 29.57.150, 29.57.160, and 29.62.090; and repealing RCW 29.57.030,
29.57.080, 29.57.110, and 29.57.120.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
29.04.050 and 1989 c 278 s 1 are each amended to read as follows:
(1)
Every voting precinct must be wholly within a single congressional district, a
single legislative district, and a single district of a county legislative
authority.
(2)
Every voting precinct shall be composed, as nearly as practicable, of contiguous
and compact areas.
(3)
Except as provided in this subsection, changes to the boundaries of any
precinct shall follow visible, physical features delineated on the most current
maps provided by the United States census bureau. A change need not follow
such visible, physical features if (a) it is necessitated by an annexation or
incorporation and the proposed precinct boundary is identical to an exterior
boundary of the annexed or incorporated area which does not follow a visible,
physical feature; or (b) doing so would substantially impair election
administration in the involved area.
(4)
After a change to precinct boundaries is adopted by the county legislative
authority, the county auditor shall send to the secretary of state a copy of
the legal description and a map or maps of the changes and, if all or part of
the changes do not follow visible, physical features, a statement of the
applicable exception under subsection (3) of this section. For boundary
changes made pursuant to subsection (3)(b) of this section, the auditor shall
include a statement of the reasons why following visible, physical features
would have substantially impaired election administration.
(5)
Every voting precinct within each county shall be designated ((consecutively))
by number for the purpose of preparation of maps and the tabulation of
population for apportionment purposes. These precincts may be identified with
names or other numbers for other election purposes.
(6)
After a change to precinct boundaries in a city or town, the county auditor
shall send one copy of the map or maps delineating the new precinct boundaries
within that city or town to the city or town clerk.
(7) Precinct maps are public records and shall be available for
inspection by the public during normal office hours in the offices where they
are kept. Copies shall be made available to the public for a fee necessary to
cover the cost of reproduction.
Sec.
2. RCW
29.04.120 and 1992 c 7 s 32 are each amended to read as follows:
(1)
Any person who uses registered voter data furnished under RCW 29.04.100 or
29.04.110 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 shall be guilty of a felony punishable by imprisonment in a
state correctional facility for a period of not more than five years or a fine
of not more than ((five)) ten thousand dollars or both such fine
and imprisonment, and shall be liable to each person provided such
advertisement or solicitation, without the person's consent, for the nuisance
value of such person having to dispose of it, which value is herein established
at five dollars for each item mailed or delivered to the person's residence:
PROVIDED, That any person who mails or delivers any advertisement, offer or
solicitation for a political purpose shall not be liable under this section,
unless the person is liable under subsection (2) of this section. For purposes
of this subsection, two or more attached papers or sheets or two or more papers
which are enclosed in the same envelope or container or are folded together
shall be deemed to constitute one item. Merely having a mailbox or other
receptacle for mail on or near the person's residence shall not be any
indication that such person consented to receive the advertisement or
solicitation. A class action may be brought to recover damages under this section
and the court may award a reasonable attorney's fee to any party recovering
damages under this section.
(2)
It shall be the responsibility of each person furnished data under RCW
29.04.100 or 29.04.110 to take reasonable precautions designed to assure that
the data is not 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, That such data may be used for any political
purpose. Where failure to exercise due care in carrying out this
responsibility results in the data being used for such purposes, then such
person shall be jointly and severally liable for damages under the provisions
of subsection (1) of this section along with any other person liable under
subsection (1) of this section for the misuse of such data.
Sec.
3. RCW
29.04.170 and 1980 c 35 s 7 are each amended to read as follows:
(1)
The legislature finds that certain laws are in conflict governing the election
of various local officials. The purpose of ((this legislation)) chapter
126, Laws of 1979 ex. sess. is to provide a common date for the assumption
of office for all the elected officials of counties, cities, towns, and special
purpose districts other than school districts where the ownership of property
is not a prerequisite of voting. A person elected to the office of school
director begins his or her term of office at the first official meeting of the
board of directors after certification of the election results. It is also
the purpose of ((this legislation)) chapter 126, Laws of 1979 ex.
sess. to remove these conflicts and delete old statutory language
concerning such elections which is no longer necessary.
(2)
For elective offices of counties, cities, towns, and special purpose districts
other than school districts where the ownership of property is not a
prerequisite of voting, the term of incumbents shall end and the term of
successors shall begin after the successor is elected and qualified, and the
term shall commence immediately after December 31st following the election,
except as follows:
(a)
Where the term of office varies from this standard according to statute; and
(b)
If the election results have not been certified prior to January 1st after the
election, in which event the time of commencement for the new term shall occur
when the successor becomes qualified in accordance with RCW 29.01.135.
(3)
For elective offices governed by this section, the oath of office shall be
taken as the last step of qualification as defined in RCW 29.01.135 but may be
taken either:
(a)
Up to ten days prior to the scheduled date of assuming office; or
(b)
At the last regular meeting of the governing body of the applicable county,
city, town, or special district held before the winner is to assume office.
Sec.
4. RCW
29.07.010 and 1994 c 57 s 8 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. The auditor may appoint a registration
assistant for each precinct or group of precincts and shall appoint city or
town clerks as registration assistants to assist in registering persons
residing in cities, towns, and rural precincts within the county.
(2)
In addition, the auditor may appoint a registration assistant for each common
school. The auditor may appoint a registration assistant for each fire
station. ((All common schools, fire stations, and public libraries shall
make voter registration application forms available to the public.))
(3)
A registration assistant must be a registered voter. Except for city and town
clerks, each registration assistant holds office at the pleasure of the county
auditor.
(4) The county auditor shall be the custodian of the official
registration records of that county. The county auditor shall ensure that
mail-in voter registration application forms are readily available to the
public at locations to include but not limited to the elections office, and all
common schools, fire stations, and public libraries.
Sec.
5. RCW
29.07.120 and 1994 c 57 s 16 are each amended to read as follows:
((On each Monday next following the registration of any voter
each)) Once each week the county auditor shall transmit all cards
required by RCW 29.07.090 ((received in the auditor's office during the
prior week)) to the secretary of state ((for filing)). 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.
6. RCW
29.07.260 and 1994 c 57 s 21 are each amended to read as follows:
(1)
A person may register to vote ((or)), transfer a voter
registration, or change his or her name for voter registration purposes
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)) his or her
voter registration, or change his or her name for voter registration
purposes 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 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 provide false information on this voter registration form or
knowingly make a false declaration about your qualifications for voter
registration you will have committed a class C felony that is punishable by
imprisonment for up to five years, or by a fine of up to ten thousand dollars,
or both 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 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 a felony, I will have lived in Washington at this
address for thirty days before the next election at which I vote, and I will be
at least eighteen years 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.
Sec.
7. RCW
29.08.080 and 1993 c 434 s 8 are each amended to read as follows:
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.))
Sec.
8. RCW
29.10.100 and 1994 c 57 s 43 are each amended to read as follows:
((On
the Monday next following)) Once each week after the cancellation of
the registration of any voter or the change of name of a voter, each county
auditor ((must)) shall certify ((to)) all 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 canceled or whose name was changed, and the county, city or town, and
precinct in which the voter was registered.
Sec.
9. 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,
at the time of filing, be a registered voter and possess the
qualifications specified by law for persons who may be elected to the office.
(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, 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 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)
This section does not apply to the office of a member of the United States
congress.
Sec.
10. 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 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.
11. RCW
29.30.101 and 1990 c 59 s 14 are each amended to read as follows:
The
names of the persons certified as nominees by the secretary of state or the
county canvassing board shall be printed on the ballot at the ensuing election.
No
name of any candidate whose nomination at a primary is required by law shall be
placed upon the ballot at a general or special election unless it appears upon
the certificate of either (1) the secretary of state, or (2) the county
canvassing board, or (3) a minor party convention or the state or county
central committee of a major political party to fill a vacancy on its ticket
under RCW 29.18.160.
Excluding
the office of precinct committee officer or a temporary elected position
such as a charter review board member or freeholder, a candidate's name
shall not appear more than once upon a ballot for a position regularly
nominated or elected at the same election.
Sec.
12. RCW
29.36.013 and 1993 c 418 s 1 are each amended to read as follows:
Any
voter may apply, in writing, for status as an ongoing absentee voter. Each
qualified applicant shall automatically receive an absentee ballot for each
ensuing election for which he or she is entitled to vote and need not submit a
separate request for each election. Ballots received from ongoing absentee
voters shall be validated, processed, and tabulated in the same manner as other
absentee ballots.
Status
as an ongoing absentee voter shall be terminated upon any of the following
events:
(1)
The written request of the voter;
(2)
The death or disqualification of the voter;
(3)
The cancellation of the voter's registration record; ((or))
(4)
The return of an ongoing absentee ballot as undeliverable; or
(5)
Upon placing a voter on inactive status under RCW 29.10.071.
Sec.
13. RCW
29.57.010 and 1985 c 205 s 1 are each amended to read as follows:
The
intent of this chapter is to ((implement Public Law 98-435 which))
require((s)) state and local election officials((, wherever possible,))
to designate and use polling places in ((federal)) all elections
and permanent registration locations which are accessible to elderly and
handicapped persons. County auditors ((are encouraged to)) shall:
(1)
Make modifications such as installation of temporary ramps or relocation of
polling places within buildings, where appropriate;
(2)
Designate new, accessible polling places to replace those that are
inaccessible; and
(3)
Continue to use polling places and voter registration locations which are
accessible to elderly and handicapped persons.
Sec.
14. RCW
29.57.070 and 1985 c 205 s 3 are each amended to read as follows:
No
later than April 1st of each even-numbered year ((until and including 1994)),
each county auditor shall ((report)) submit to the secretary of
state((, on the form provided by the secretary of state,)) a list showing
the number of ((all)) polling places in the county((,)) and
specifying any that have been found inaccessible. The auditor shall indicate
the reasons for inaccessibility, and what efforts have been made pursuant to this
chapter to locate alternative polling places or to make the existing facilities
temporarily accessible. ((Each county auditor shall notify the secretary of
state of any changes in polling place locations before the next state general
election, including any changes required due to alteration of precinct
boundaries.))
If
a county auditor's list shows, for two consecutive reporting periods, that no
polling places have been found inaccessible, the auditor need not submit
further reports unless the secretary of state specifically reinstates the
requirement for that county. Notice of reinstatement must be in writing and
delivered at least sixty days before the reporting date.
Sec.
15. RCW
29.57.090 and 1985 c 205 s 5 are each amended to read as follows:
The
secretary of state shall establish procedures to assure that, in any ((state))
primary or ((state general)) election ((in an even-numbered year)),
any handicapped or elderly voter assigned to an inaccessible polling place will,
upon advance request of that voter, either be permitted to vote at an
alternative accessible polling place not overly inconvenient to that voter or
be provided with an alternative means of casting a ballot on the day of the
primary or election. The county auditor shall make any accommodations in
voting procedures necessary to allow the use of alternative polling places by
elderly or handicapped voters under this section.
Sec.
16. RCW
29.57.100 and 1985 c 205 s 6 are each amended to read as follows:
Each
polling place ((for a state primary or state general election in an
even-numbered year shall)) must be accessible unless:
(1)
The ((secretary of state has reviewed that polling place,)) county
auditor has determined that it is inaccessible, that no alternative
accessible polling place is available, that no temporary modification of that
polling place or any alternative polling place is possible, and that the county
auditor has complied with the procedures established under RCW 29.57.090; or
(2)
The secretary of state determines that a state of emergency exists that would
otherwise interfere with the efficient administration of ((that)) the
primary or election.
Sec.
17. RCW
29.57.130 and 1985 c 205 s 9 are each amended to read as follows:
(1)
Each county auditor shall provide voting and registration instructions, printed
in large type, to be conspicuously displayed at each polling place and
permanent registration facility.
(2)
The ((secretary of state)) county auditor shall make information
available for deaf persons throughout the state by telecommunications.
Sec.
18. RCW
29.57.140 and 1985 c 205 s 10 are each amended to read as follows:
The
((secretary of state)) county auditor shall provide public notice
of the availability of registration and voting aids, assistance to elderly and
handicapped persons ((under RCW 29.51.200 and 42 U.S.C. Section 1973aa-6)),
and procedures for voting by absentee ballot calculated to reach elderly and
handicapped persons not later than public notice of the closing of registration
for ((the state)) a primary ((and state general)) or
election ((in each even-numbered year)).
Sec.
19. RCW
29.57.150 and 1985 c 205 s 11 are each amended to read as follows:
Each
county auditor shall include a notice of the accessibility of polling places in
the notice of election published under RCW 29.27.030 and 29.27.080 ((for the
state primary and state general election in each even-numbered year)).
Sec.
20. RCW
29.57.160 and 1985 c 205 s 12 are each amended to read as follows:
(1)
County auditors shall seek alternative polling places or other low-cost
alternatives including, but not limited to, procedural changes and assistance
from local disabled groups, service organizations, and other private sources
before incurring costs for modifications under this chapter ((and Public Law
98-435)).
(2)
((In a state primary or state general election in an even-numbered year,))
The cost of those modifications to buildings or other facilities,
including signs designating handicapped accessible parking and entrances, that
are necessary to permit the use of those facilities for polling places under
this chapter ((and Public Law 98-435)) or any procedures established
under RCW 29.57.090 shall be treated as election costs and prorated under RCW
29.13.045.
Sec.
21. RCW
29.62.090 and 1990 c 262 s 1 are each amended to read as follows:
(1)
Immediately after the official results of a state primary or general election
in a county are ascertained, the county auditor or other election officer shall
make an abstract of the number of registered voters in each precinct and of all
the votes cast in the county at such state primary or general election for and
against state measures and for each candidate for federal, state, and
legislative office or for any other office which the secretary of state is
required by law to canvass. The abstract shall be entered on blanks furnished
by the secretary of state or on compatible computer printouts approved by the
secretary of state, and transmitted to the secretary of state no later than the
next business day following the certification by the county canvassing board.
(2)
After each general election ((in an even-numbered year)), the county
auditor or other election officer shall provide to the secretary of state a
report of the number of absentee ballots cast in each precinct for and against
state measures and for each candidate for federal, state, and legislative
office or for any other office which the secretary of state is required by law
to canvass. The report may be included in the abstract required by this
section or may be transmitted to the secretary of state separately, but in no
event later than March 31 of the year following the election. Absentee ballot
results may be incorporated into votes cast at the polls for each precinct or
may be reported separately on a precinct-by-precinct basis.
(3)
If absentee ballot results are not incorporated into votes cast at the polls,
the county auditor or other election official may aggregate results from more
than one precinct if the auditor, pursuant to rules adopted by the secretary of
state, finds that reporting a single precinct's absentee ballot results would
jeopardize the secrecy of a person's ballot. To the extent practicable,
precincts for which absentee results are aggregated shall be contiguous.
NEW
SECTION. Sec. 22. The
following acts or parts of acts are each repealed:
(1) RCW
29.57.030 and 1985 c 205 s 2 & 1979 ex.s. c 64 s 3;
(2) RCW
29.57.080 and 1985 c 205 s 4;
(3) RCW
29.57.110 and 1985 c 205 s 7; and
(4) RCW
29.57.120 and 1985 c 205 s 8.
