BILL REQ. #:  S-1327.1 

READ FIRST TIME 02/12/03.   

     AN ACT Relating to election crimes and penalties; amending RCW 29.85.170, 29.85.245, 29.85.275, 29.07.400, 29.07.410, 29.79.440, 29.79.490, 29.85.040, 29.85.020, 29.51.020, 29.51.221, 29.85.110, 29.85.260, 29.85.060, 29.85.070, 29.85.090, 29.85.210, 29.85.220, 29.85.240, 29.51.215, 29.36.370, 29.85.100, and 29.85.225; reenacting RCW 29.79.500; adding a new chapter to Title 29 RCW; recodifying RCW 29.85.170, 29.85.245, 29.85.275, 29.07.400, 29.07.410, 29.79.440, 29.79.490, 29.79.500, 29.85.040, 29.85.020, 29.51.020, 29.51.221, 29.85.110, 29.85.260, 29.85.060, 29.85.070, 29.85.090, 29.85.210, 29.85.220, 29.85.240, 29.51.215, 29.36.370, 29.85.100, and 29.85.225; repealing RCW 29.07.405, 29.15.080, 29.15.100, 29.15.110, 29.38.070, 29.51.030, 29.51.230, 29.79.480, 29.82.170, 29.82.210, 29.82.220, 29.85.010, 29.85.051, 29.85.230, and 29.85.249; prescribing penalties; and providing an effective date.

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

Sec. 1   RCW 29.85.170 and 1991 c 81 s 10 are each amended to read as follows:
     OFFICERS--VIOLATIONS GENERALLY. Except as otherwise provided by law, every person charged with the performance of any duty under the provisions of any law of this state relating to elections, including primaries, or the provisions of any charter or ordinance of any county, city, or town of this state relating to elections who ((willfully neglects or refuses to perform such duty, or who, in the performance of such duty, or in his or her official capacity,)) knowingly ((or fraudulently)) violates any of the provisions of law relating to such duty, is guilty of a class C felony, punishable under RCW 9A.20.021, and shall forfeit his or her office.

Sec. 2   RCW 29.85.245 and 2001 c 41 s 12 are each amended to read as follows:
     ACTION AGAINST VOTING, REGISTRATION IRREGULARITIES. (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 [is])) is presented to the office of the prosecuting attorney, that office shall file charges in all cases where warranted.

Sec. 3   RCW 29.85.275 and 1991 c 81 s 19 are each amended to read as follows:
     POLITICAL ADVERTISING, REMOVING OR DEFACING. A person who removes or defaces lawfully placed political advertising including yard signs or billboards without authorization is guilty of a misdemeanor ((punishable to the same extent as a misdemeanor that is punishable under RCW 9A.20.021)). The defacement or removal of each item constitutes a separate violation.

Sec. 4   RCW 29.07.400 and 1994 c 57 s 24 are each amended to read as follows:
     OFFICIALS' VIOLATIONS. ((If any)) A county auditor or registration assistant who:
     (1) ((Willfully neglects or refuses to perform any duty required by law in connection with the registration of voters)) Intentionally fails to place a voter registration applicant on the voter registration rolls when required by law; 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))) Places a voter registration applicant on the voter registration rolls knowing that the rejection of the application for registration is required by law; or
     (3) 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)) class C felony, punishable under RCW 9A.20.021.

Sec. 5   RCW 29.07.410 and 1994 c 57 s 25 are each amended to read as follows:
     VOTER VIOLATIONS. 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;
     (5) ((Knowingly causes himself or herself to be registered in two or more counties)) Registers to vote without disclosing previous registration information with the intent of causing himself or herself to be registered more than once or in more than one location;
     (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.

Sec. 6   RCW 29.79.440 and 1993 c 256 s 2 are each amended to read as follows:
     VIOLATIONS BY SIGNERS. Every person who knowingly signs an initiative ((or)), referendum, recall, or candidate petition with any other than his or her true name ((shall be)) is guilty of a class C felony, punishable under RCW 9A.20.021. Every person who knowingly signs more than one petition for the same initiative ((or)), referendum ((measure)), recall, or candidate or who signs ((an initiative or referendum)) any such petition knowing that he or she is not a legal voter or who makes a false statement as to his or her residence on any ((initiative or referendum)) such petition, ((shall be)) is guilty of a gross misdemeanor ((punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).

Sec. 7   RCW 29.79.490 and 1993 c 256 s 4 are each amended to read as follows:
     CORRUPT PRACTICES. Every person ((shall be)) is guilty of a gross misdemeanor who:
     (1) For any consideration or gratuity or promise thereof, signs or declines to sign any initiative ((or)), referendum, recall, or candidate petition; or
     (2) Provides or receives consideration for soliciting or procuring signatures on an initiative ((or)), referendum, recall, or candidate petition if any part of the consideration is based upon the number of signatures solicited or procured, or offers to provide or agrees to receive such consideration any of which is based on the number of signatures solicited or procured; or
     (3) Gives or offers any consideration or gratuity to any person to induce him or her to sign or not to sign ((or to vote for or against any initiative or referendum measure)) an initiative, referendum, recall, or candidate petition; or
     (4) Interferes with or attempts to interfere with the right of any voter to sign or not to sign an initiative ((or)), referendum, recall, or candidate petition ((or with the right to vote for or against an initiative or referendum measure)) by threats, intimidation, or any other corrupt means or practice((; or
     (5) Receives, handles, distributes, pays out, or gives away, directly or indirectly, money or any other thing of value contributed by or received from any person, firm, association, or corporation whose residence or principal office is, or the majority of whose members or stockholders have their residence outside, the state of Washington, for any service rendered for the purpose of aiding in procuring signatures upon any initiative or referendum petition or for the purpose of aiding in the adoption or rejection of any initiative or referendum measure: PROVIDED, That this subsection shall not apply to or prohibit any activity which is properly reported in accordance with the applicable provisions of chapter 42.17 RCW.
     A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).

Sec. 8   RCW 29.79.500 and 1993 c 256 s 1 are each reenacted to read as follows:
     PAID PETITION SOLICITORS--FINDING. The legislature finds that paying a worker, whose task it is to secure the signatures of voters on initiative or referendum petitions, on the basis of the number of signatures the worker secures on the petitions encourages the introduction of fraud in the signature gathering process. Such a form of payment may act as an incentive for the worker to encourage a person to sign a petition which the person is not qualified to sign or to sign a petition for a ballot measure even if the person has already signed a petition for the measure. Such payments also threaten the integrity of the initiative and referendum process by providing an incentive for misrepresenting the nature or effect of a ballot measure in securing petition signatures for the measure.

NEW SECTION.  Sec. 9   FALSE INFORMATION. Every person who:
     (1) Knowingly provides false information on his or her declaration of candidacy or petition of nomination;
     (2) Files a declaration of candidacy or petition of nomination on behalf of a fictitious person; or
     (3) Conceals, defaces, or destroys a certificate that has been filed with an elections officer under chapter 29.24 RCW or a declaration of candidacy or petition of nomination that has been filed with an elections officer, or any part of such a certificate, declaration, or petition with the intent to mislead or provide false information to others,
is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 10   RCW 29.85.040 and 1991 c 81 s 3 are each amended to read as follows:
     UNLAWFUL APPROPRIATION, PRINTING, OR DISTRIBUTION. Any person who is retained or employed by any officer authorized by the laws of this state to procure the printing of any official ballot or who is engaged in printing official ballots is guilty of a gross misdemeanor if the person knowingly:
     (1) Appropriates any official ballot to himself or herself; or
     (2) Gives or delivers any official ballot to or permits any official ballot to be taken by any person ((other than the)) knowing that the person is not an officer authorized by law to receive it; or
     (3) Prints or causes to be printed or otherwise prepared any official ballot: (a) In ((any other form than that prescribed by law or as directed by the officer authorized to procure the printing thereof; or (b) with any other names thereon or with the names spelled otherwise than as directed by such officer, or the names or printing thereon arranged in any other way than that authorized and directed by law)) which the name of a candidate, ballot title, or instruction to voters is altered, omitted, supplemented, or otherwise differs from the manner prescribed by law or as certified; (b) arranged differently than the manner prescribed by law or as certified; or (c) otherwise altered in form or substance from the manner prescribed by law or as certified.
     ((A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.))

Sec. 11   RCW 29.85.020 and 1991 c 81 s 2 are each amended to read as follows:
     UNAUTHORIZED EXAMINATIONS OF BALLOTS, ELECTION MATERIALS--REVEALING INFORMATION. (1) It is a gross misdemeanor for a person to examine, or assist another to examine, any voter record, ballot, or any other state or local government official election material if the person, without lawful authority, conducts the examination:
     (a) ((For the purpose)) With the intent of identifying the name of a voter and how the voter voted; or
     (b) ((For the purpose)) With the intent of determining how a voter, whose name is known to the person, voted; or
     (c) ((For the purpose)) With the intent of identifying the name of the voter who voted in a manner known to the person.
     (2) Any person who knowingly reveals to another information ((which)) that the person ascertained in violation of subsection (1) of this section is guilty of a gross misdemeanor.
     (3) ((A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.)) Consent by the voter for that person to see his or her ballot or know his or her vote is a defense.

NEW SECTION.  Sec. 12   BALLOT INTERFERENCE. A person who receives possession of a voted ballot with the intent to destroy or alter the ballot, prevent its delivery to a proper election official, or deliver it to a person other than a proper election official is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 13   RCW 29.51.020 and 1991 c 81 s 20 are each amended to read as follows:
     ACTS PROHIBITED IN VICINITY OF POLLING PLACE--PROHIBITED PRACTICES AS TO BALLOTS. (1) On the day of any primary or general or special election, ((no person may,)) a person who knowingly commits any of the following acts within a polling place((,)) or in any public area within three hundred feet of any entrance to such polling place is guilty of a gross misdemeanor:
     (a) Suggest or persuade ((or attempt to suggest or persuade)) any voter to vote for or against any candidate or ballot measure, whether verbally or through the use of printed material or other medium;
     (b) ((Circulate cards or handbills of any kind;
     (c))) Solicit signatures to any kind of petition; or
     (((d))) (c) Engage in any practice ((which)) that interferes with the freedom of voters to exercise their franchise or disrupts the administration of the polling place.
     (2) ((No)) A person ((may)) who knowingly obstructs the doors or entries to a building in which a polling place is located or prevents free access to and from any polling place is guilty of a gross misdemeanor. ((Any sheriff, deputy sheriff, or municipal law enforcement officer shall prevent such obstruction, and may arrest any person creating such obstruction.
     (3) No person may:
     (a) Except as provided in RCW 29.54.037, remove any ballot from the polling place before the closing of the polls; or
     (b) Solicit any voter to show his or her ballot.
     (4) No person other than an inspector or judge of election may receive from any voter a voted ballot or deliver a blank ballot to such elector.
     (5) Any violation of this section is a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021, and the person convicted may be ordered to pay the costs of prosecution.))

Sec. 14   RCW 29.51.221 and 1990 c 59 s 49 are each amended to read as follows:
     REFUSING TO LEAVE VOTING BOOTH. Deliberately impeding other voters from casting their votes by refusing to leave a voting booth or voting device is a misdemeanor ((and is subject to the penalties provided in chapter 9A.20 RCW)). The precinct election officers may provide assistance in the manner provided by RCW 29.51.200 to any voter who requests it.

Sec. 15   RCW 29.85.110 and 1991 c 81 s 9 are each amended to read as follows:
     TAMPERING WITH POLLING PLACE MATERIALS. Any person who willfully defaces, removes, or destroys any of the supplies or materials ((which)) that the person knows are intended both for use in a polling place and for enabling a voter to prepare his or her ballot is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 16   RCW 29.85.260 and 1991 c 81 s 18 are each amended to read as follows:
     VOTING MACHINES, DEVICES--TAMPERING WITH--EXTRA KEYS. Any person who ((tampers with or)) damages or ((attempts to damage)) tampers or interferes with any voting ((machine or device to be used or being used in a primary or special or general election, or who prevents or attempts to prevent the correct operation of such machine or device, or any unauthorized person who makes or has in his or her possession a key to a voting machine or device to be used or being used in a primary or special or general election, shall be)) system, device, or tallying system knowing that it is or will be used in a primary or special or general election is guilty of a class C felony, punishable under RCW 9A.20.021.

NEW SECTION.  Sec. 17   PREVENTING VOTING. A person who knowingly prevents another voter from casting a vote or casting a vote in the manner desired by the voter, whether in the polling place or otherwise, other than as provided in RCW 29.51.221, is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 18   RCW 29.85.060 and 1991 c 81 s 5 are each amended to read as follows:
     HINDERING OR BRIBING VOTER. Any person who ((uses menace, force, threat, or any unlawful means towards any voter to hinder or deter such a voter from voting, or)) directly or indirectly offers any bribe, reward, or any thing of value to a voter in exchange for the voter's vote for or against any person or ballot measure, or ((authorizes any person to do so)) in exchange for the voter declining to vote, is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 19   RCW 29.85.070 and 1991 c 81 s 6 are each amended to read as follows:
     INFLUENCING VOTER TO WITHHOLD VOTE. Any person who in any way, directly or indirectly, ((by menace or unlawful means, attempts to influence any person in refusing to give)) persuades or attempts to persuade, other than by offer of a bribe, reward, or thing of value, a voter against casting his or her vote in any primary or special or general election is guilty of a gross misdemeanor ((punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).

Sec. 20   RCW 29.85.090 and 1991 c 81 s 7 are each amended to read as follows:
     SOLICITATION OF BRIBE BY VOTER. Any person who solicits, requests, or demands, directly or indirectly, any reward or thing of value or the promise thereof in exchange for his or her vote or in exchange for the vote of any other person for or against any candidate or for or against any ballot measure to be voted upon at a primary or special or general election is guilty of a gross misdemeanor ((punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).

Sec. 21   RCW 29.85.210 and 1991 c 81 s 13 are each amended to read as follows:
     REPEATERS. Any person who knowingly votes or attempts to vote more than once at any primary or general or special election is guilty of a gross misdemeanor((, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).

Sec. 22   RCW 29.85.220 and 1991 c 81 s 14 are each amended to read as follows:
     REPEATERS--UNQUALIFIED PERSONS--OFFICERS CONNIVING WITH. Any precinct election officer who knowingly permits any voter to cast a second vote at any primary or general or special election, or knowingly permits any person not a qualified voter to vote at any primary or general or special election, is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 23   RCW 29.85.240 and 1991 c 81 s 17 are each amended to read as follows:
     UNQUALIFIED PERSONS VOTING. Any person who knows that he or she does not possess the legal qualifications of a voter and who votes at any primary or special or general election authorized by law to be held in this state for any office whatever ((shall be)) is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 24   RCW 29.51.215 and 1981 c 34 s 2 are each amended to read as follows:
     DISABLED VOTERS. Any person violating any provision of RCW 29.51.200((, as now or hereafter amended, shall)) will be punished as for a misdemeanor.

Sec. 25   RCW 29.36.370 and 2001 c 241 s 14 are each amended to read as follows:
     PROVIDING FALSE INFORMATION. A person who ((willfully violates any provision of this chapter regarding the assertion or declaration of qualifications to receive or cast an absentee ballot or unlawfully casts a vote by absentee)) knowingly provides false information in order to obtain or vote a ballot is guilty of a class C felony, punishable under RCW 9A.20.021. ((Except as provided in chapter 29.85 RCW a person who willfully violates any other provision of this chapter is guilty of a misdemeanor.))

Sec. 26   RCW 29.85.100 and 1991 c 81 s 8 are each amended to read as follows:
     CERTIFICATES OF NOMINATION AND ELECTION. Every person is guilty of a class C felony, punishable under RCW 9A.20.021, who:
     (1) Knowingly and falsely issues a certificate of nomination or election; or
     (2) Knowingly provides false information on a certificate ((which)) that must be filed with an elections officer under chapter 29.24 RCW((; or
     (3) Knowingly provides false information on his or her declaration of candidacy or petition of nomination; 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)).

Sec. 27   RCW 29.85.225 and 1991 c 81 s 15 are each amended to read as follows:
     DIVULGING BALLOT COUNT. (1) In any location in which ballots are counted, no person authorized by law to be present while votes are being counted may knowingly divulge any results of the count of the ballots at any time prior to the closing of the polls for that primary or special or general election.
     (2) A violation of this section is a gross misdemeanor ((punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).

NEW SECTION.  Sec. 28   The following acts or parts of acts are each repealed:
     (1) RCW 29.07.405 (Disenfranchisement or discrimination -- Penalty) and 2001 c 41 s 2;
     (2) RCW 29.15.080 (Petitions -- Penalties for improperly signing) and 1984 c 142 s 8;
     (3) RCW 29.15.100 (Duplication of, use of nonexistent or untrue names, as felony) and 1965 c 9 s 29.18.070;
     (4) RCW 29.15.110 (Duplication of names -- Conspiracy -- Criminal and civil liability) and 1965 c 9 s 29.18.080;
     (5) RCW 29.38.070 (Penalty) and 2001 c 241 s 21;
     (6) RCW 29.51.030 (Electioneering by election officers forbidden--Penalty) and 1965 c 9 s 29.51.030;
     (7) RCW 29.51.230 (Unlawful acts by voters -- Penalty) and 1965 c 9 s 29.51.230;
     (8) RCW 29.79.480 (Violations by officers) and 1993 c 256 s 3 & 1965 c 9 s 29.79.480;
     (9) RCW 29.82.170 (Violations by signers -- Officers) and 1984 c 170 s 11 & 1965 c 9 s 29.82.170;
     (10) RCW 29.82.210 (Violations by officers) and 1965 c 9 s 29.82.210;
     (11) RCW 29.82.220 (Violations -- Corrupt practices) and 1984 c 170 s 12 & 1965 c 9 s 29.82.220;
     (12) RCW 29.85.010 (Ballots -- Removing from polling place) and 1991 c 81 s 1 & 1965 c 9 s 29.85.010;
     (13) RCW 29.85.051 (Deceptive, incorrect vote recording) and 1991 c 81 s 4;
     (14) RCW 29.85.230 (Returns and posted copy of results -- Tampering with) and 1991 c 81 s 16 & 1965 c 9 s 29.85.230; and
     (15) RCW 29.85.249 (Unqualified registration) and 2001 c 41 s 13.

NEW SECTION.  Sec. 29   Subpart headings and section captions used in this act are not part of the law.

NEW SECTION.  Sec. 30   The following sections are codified or recodified in the order in which they appear in this act as a new chapter of Title 29 or 29A RCW, as appropriate: RCW 29.85.170, 29.85.245, 29.85.275, 29.07.400, 29.07.410, 29.79.440, 29.79.490, 29.79.500, section 9 of this act, RCW 29.85.040, 29.85.020, section 12 of this act, RCW 29.51.020, 29.51.221, 29.85.110, 29.85.260, section 17 of this act, RCW 29.85.060, 29.85.070, 29.85.090, 29.85.210, 29.85.220, 29.85.240, 29.51.215, 29.36.370, 29.85.100, and 29.85.225.

NEW SECTION.  Sec. 31   If either Senate Bill No. 5221 (Z-0168/03) or House Bill No. 1159 (Z-0368/03) becomes law, this act supersedes sections 2101 through 2140 of either of those two bills, which sections will become null and void.

NEW SECTION.  Sec. 32   This act takes effect July 1, 2004.