AN
ACT Relating to protecting the integrity of elections; amending RCW 29.07.092,
29.07.440, 29.08.080, 29.10.125, 29.10.185, 29.60.030, 46.20.155, and
29.07.260; adding a new section to chapter 29.07 RCW; adding new sections to
chapter 29.04 RCW; adding new sections to chapter 29.85 RCW; adding a new
section to chapter 46.20 RCW; creating a new section; and prescribing
penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. It is
the policy of the state of Washington to encourage every eligible person to
register to vote and to participate fully in all elections, and to protect the
integrity of the electoral process by providing equal access to the process
while guarding against discrimination and fraud. The election registration
laws and the voting laws of the state of Washington, and the requirements of
this act, must be administered without discrimination based upon race, creed,
color, national origin, sex, or political affiliation.
NEW
SECTION. Sec. 2. A
new section is added to chapter 29.07 RCW to read as follows:
An
election officer or a person who intentionally disenfranchises an eligible
citizen or discriminates against a person eligible to vote by denying voter
registration is guilty of a misdemeanor punishable under RCW 9A.20.021.
NEW
SECTION. Sec. 3. A
new section is added to chapter 29.04 RCW to read as follows:
In
order to encourage the broadest possible voting participation by all eligible
citizens, the secretary of state shall produce voter registration information
in the foreign languages required of state agencies. This information must be
available no later than January 1, 2002.
NEW
SECTION. Sec. 4. A
new section is added to chapter 29.04 RCW to read as follows:
The
secretary of state shall cause to be produced a "voter guide"
detailing what constitutes voter fraud and discrimination under state election
laws. This voter guide must be provided to every county election officer and
auditor, and any other person upon request, no later than January 1, 2002.
NEW
SECTION. Sec. 5. A
new section is added to chapter 29.04 RCW to read as follows:
The
secretary of state shall provide a toll-free media and web page designed to
allow voter communication with the office of the secretary of state.
Sec.
6. RCW
29.07.092 and 1975 1st ex.s. c 184 s 1 are each amended to read as follows:
The
county auditor shall acknowledge each new voter registration or transfer by
providing or sending the voter a card identifying his current precinct and
containing such other information as may be prescribed by the secretary of
state. When a person who has previously registered to vote in a
jurisdiction applies for voter registration in a new jurisdiction, the person
shall provide on the registration form, all information needed to cancel any
previous registration. The county auditor shall forward any information
pertaining to the voter's prior voter registration to the county where the
voter was previously registered, so that registration may be canceled. If the
prior voter registration is in another state, the notification must be made to
the state elections office of that state. A county auditor receiving official
information that a voter has registered to vote in another jurisdiction shall
immediately cancel that voter's registration.
Sec.
7. RCW
29.07.440 and 1994 c 57 s 28 are each amended 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, including information about age and citizenship requirements
for voter registration.
(3)
If an agency uses a computerized application process, it may, in consultation
with the secretary of state, develop methods to capture simultaneously 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.
Sec.
8. RCW
29.08.080 and 1999 c 298 s 7 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. All voter registration forms printed after January 1,
2002, must include clear and conspicuous language, designed to draw an
applicant's attention, stating that the applicant must be a United States
citizen in order to register to vote.
Sec.
9. RCW
29.10.125 and 1987 c 288 s 1 are each amended to read as follows:
Registration
of a person as a voter is presumptive evidence of his or her right to vote at
any primary or election, general or special. A person's right to vote may be
challenged at the polls only by a precinct ((election officer)) judge
or inspector. A challenge may be made only upon the belief or knowledge of
the challenging officer that the voter is unqualified. The challenge must be
supported by evidence or testimony given to the county canvassing board under
RCW 29.10.127 and may not be based on unsupported allegations or allegations by
anonymous third parties. The identity of the challenger, and any third person
involved in the challenge, shall be public record and shall be announced at the
time the challenge is made.
Challenges
initiated by a registered voter must be filed not later than the day before any
primary or election, general or special, at the office of the appropriate
county auditor. A challenged voter may properly transfer or reregister until
three days before the primary or election, general or special, by applying
personally to the county auditor. Challenges may also be initiated by the
office of the county prosecuting attorney and must be filed in the same manner
as challenges initiated by a registered voter.
Sec.
10. RCW
29.10.185 and 1999 c 100 s 4 are each amended to read as follows:
In
addition to the case-by-case cancellation procedure required in RCW 29.10.040,
the county auditor, in conjunction with the office of the secretary of state,
shall participate in an annual list maintenance program designed to detect
persons registered in more than one county or voting in more than one county
in an election. This program must be applied uniformly throughout the
county and must be nondiscriminatory in its application. The program must be
completed not later than thirty days before the date of a primary or general
election.
The
office of the secretary of state shall cause to be created a list of registered
voters with the same date of birth and similar names who appear on two or more
county lists of registered voters. The office of the secretary of state shall
forward this list to each county auditor so that they may properly cancel the
previous registration of voters who have subsequently registered in a different
county. 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 and the signature provided to the new county on
the voter's new registration were made by the same person. The office of the
secretary of state shall adopt rules to facilitate this process.
If
a voter is suspected of voting in two or more counties in an election, the
county auditors in each county shall cooperate without delay to determine the
voter's county of residence. The county auditor of the county of residence of
the voter suspected of voting in two or more counties shall take action under
section 12 of this act without delay.
Sec.
11. RCW
29.60.030 and 1992 c 163 s 5 are each amended to read as follows:
The
secretary of state shall:
(1)
Establish and operate, or provide by contract, training and certification
programs for state and county elections administration officials and personnel,
including training on the various types of election law violations and
discrimination, and training programs for political party observers which
conform to the rules for such programs established under RCW 29.60.020;
(2)
Administer tests for state and county officials and personnel who have received
such training and issue certificates to those who have successfully completed
the training and passed such tests;
(3)
Maintain a record of those individuals who have received such training and
certificates; and
(4)
Provide the staffing and support services required by the board created under
RCW 29.60.010.
NEW
SECTION. Sec. 12. A
new section is added to chapter 29.85 RCW to read as follows:
(1)
A county auditor who suspects a person of fraudulent voter registration, vote
tampering, or irregularities in voting shall transmit his or her suspicions and
observations without delay to the canvassing board.
(2)
The county auditor shall make a good faith effort to contact the person in
question without delay. If the county auditor is unable to contact the person,
or if, after contacting the person, the auditor still suspects fraudulent voter
registration, vote tampering, or irregularities in voting, the auditor shall
refer the issue to the county prosecuting attorney to determine if further
action is warranted.
(3)
When a complaint providing information concerning fraudulent voter
registration, vote tampering, or irregularities in voting are presented to the
office of the prosecuting attorney, that office shall file charges in all cases
where warranted.
NEW
SECTION. Sec. 13. A
new section is added to chapter 29.85 RCW to read as follows:
A person who knows that he or she does not possess the legal
qualifications of a voter and who registers to vote is guilty of a misdemeanor
punishable under RCW 9A.20.021.
Sec.
14. RCW
46.20.155 and 1990 c 143 s 6 are each amended to read as follows:
Before
issuing an original license or identification card or renewing a license or
identification card under this chapter, the licensing agent shall determine if
the applicant wants to register to vote or transfer his or her voter
registration((.)) by asking the following question:
"Do
you want to register to vote or transfer your voter registration?"
If
the applicant chooses to register or transfer a registration, the agent shall state
the following:
"I
would like to remind you that you must be a United States citizen and at least
eighteen years of age in order to vote."
The
agent shall then provide the applicant with a voter registration form and
instructions and shall record that the applicant has requested to register to
vote or transfer a voter registration.
NEW
SECTION. Sec. 15. A
new section is added to chapter 46.20 RCW to read as follows:
The
department shall post signs at each driver licensing facility advertising the
availability of voter registration services and advising of the qualifications
to register to vote.
Sec.
16. RCW
29.07.260 and 1999 c 298 s 6 are each amended to read as follows:
(1)
A person may register to vote, 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, transfer 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, other than an applicant's social security number,
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.
