BILL REQ. #: Z-1019.3
State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/20/2004. Referred to Committee on Government Operations & Elections.
AN ACT Relating to elections; amending RCW 29A.08.010, 29A.08.020, 29A.08.030, 29A.08.105, 29A.08.110, 29A.08.115, 29A.08.120, 29A.08.125, 29A.08.135, 29A.08.140, 29A.08.145, 29A.08.155, 29A.08.220, 29A.08.240, 29A.08.250, 29A.08.260, 29A.08.320, 29A.08.350, 29A.08.360, 29A.08.420, 29A.08.430, 29A.08.510, 29A.08.520, 29A.08.540, 29A.08.605, 29A.08.610, 29A.08.620, 29A.08.630, 29A.08.640, 29A.08.710, 29A.08.760, 29A.08.770, 29A.16.010, 29A.16.130, 29A.44.030, 29A.44.040, 29A.44.220, 29A.44.350, 29.33.305, and 29A.04.610; adding new sections to chapter 29A.08 RCW; adding new sections to chapter 29A.04 RCW; adding new sections to chapter 29.01 RCW; adding a new section to chapter 29A.12 RCW; adding a new chapter to Title 29A RCW; creating a new section; repealing RCW 29A.04.181, 29A.08.530, 29A.08.645, 29A.08.650, and 29A.08.750; providing effective dates; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 RCW 29A.08.010 and 2003 c 111 s 201 are each amended to
read as follows:
As used in this chapter: "Information required for voter
registration" means the minimum information provided on a voter
registration application that is required by the county auditor in
order to place a voter registration applicant on the voter registration
rolls. This information includes the applicant's name, complete
residence address, date of birth, ((and)) Washington state driver's
license number or the last four digits of the applicant's social
security number, a signature attesting to the truth of the information
provided on the application, and a check or indication in the box
confirming the individual is a United States citizen. If the
individual does not have a driver's license or social security number
the registrant must be issued a unique voter registration number and
placed on the voter registration rolls. All other information supplied
is ancillary and not to be used as grounds for not registering an
applicant to vote. Modification of the official Washington state voter
registration form by the voter will not be accepted and will cause the
rejection of the registrant's application.
Sec. 102 RCW 29A.08.020 and 2003 c 111 s 204 are each amended to
read as follows:
The definitions set forth in this section apply throughout this
chapter, unless the context clearly requires otherwise.
(1) "By mail" means delivery of a completed original voter
registration application by mail ((or by personal delivery)) to the
office of the secretary of state.
(2) For voter registration applicants, "date of mailing" means the
date of the postal cancellation on the voter registration application.
This date will also be used as the date of application for the purpose
of meeting the registration cutoff deadline. If the postal
cancellation date is illegible then the date of receipt by the
elections official is considered the date of application. If an
application is received by the elections official by the close of
business on the fifth day after the cutoff date for voter registration
and the postal cancellation date is illegible, the application will be
considered to have arrived by the cutoff date for voter registration.
Sec. 103 RCW 29A.08.030 and 2003 c 111 s 203 are each amended to
read as follows:
The definitions set forth in this section apply throughout this
chapter, unless the context clearly requires otherwise.
(1) "Verification notice" means a notice sent by the county auditor
or secretary of state to a voter registration applicant and is used to
verify or collect information about the applicant in order to complete
the registration.
(2) "Acknowledgement notice" means a notice sent by nonforwardable
mail by the county auditor or secretary of state to a registered voter
to acknowledge a voter registration transaction, which can include
initial registration, transfer, or reactivation of an inactive
registration. An acknowledgement notice may be a voter registration
card.
(3) "Confirmation notice" means a notice sent to a registered voter
by first class forwardable mail at the address indicated on the voter's
permanent registration record and to any other address at which the
county auditor or secretary of state could reasonably expect mail to be
received by the voter in order to confirm the voter's residence
address. The confirmation notice must be designed so that the voter
may update his or her current residence address.
Sec. 104 RCW 29A.08.105 and 2003 c 111 s 205 are each amended to
read as follows:
(1) In compliance with the Help America Vote Act (P.L. 107-252),
the centralized statewide voter registration list maintained by the
secretary of state is the official list of eligible voters for all
elections.
(2) In all counties, the county auditor shall be the chief
registrar of voters for every precinct within the county. The auditor
may appoint registration assistants to assist in registering persons
residing in the county. Each registration assistant holds office at
the pleasure of the county auditor ((and must be a registered voter)).
(((2) The county auditor shall be the custodian of the official
registration records of the county.))
(3) 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.
NEW SECTION. Sec. 105 (1) The secretary of state must review the
information provided by each voter registration applicant to ensure
that either the driver's license number or the last four digits of the
social security number match the information maintained by the
Washington department of licensing or the social security
administration. If a match cannot be made the secretary of state must
correspond with the applicant to resolve the discrepancy.
(2) If the applicant fails to respond to any correspondence
required in this section to confirm information provided on a voter
registration application, within thirty days the secretary of state
shall forward the application to the appropriate county auditor for
document storage.
(3) Only after the secretary of state has confirmed that an
applicant's driver's license number or the last four digits of the
applicant's social security number match existing records with the
Washington department of licensing or the social security
administration or determined that the applicant does not have either a
driver's license number or social security number may the applicant be
placed on the official list of registered voters.
Sec. 106 RCW 29A.08.110 and 2003 c 111 s 206 are each amended to
read as follows:
(1) 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. An application
((that)) is considered complete only if it contains the applicant's
name, complete valid residence address, date of birth, and signature
attesting to the truth of the information provided ((on the application
is complete)) and an indication the license information or social
security number has been confirmed by the secretary of state. If it is
not complete, the auditor shall promptly mail a verification notice of
the deficiency to the applicant. This verification notice shall
require the applicant to provide the missing information. If the
verification notice is not returned by the applicant or is returned as
undeliverable the auditor shall not place the name of the applicant on
the county voter list. If the applicant provides the required
information, the applicant shall be registered to vote as of the date
of mailing of the original voter registration application.
(2) In order to prevent duplicate registration records, all
complete voter registration applications must be screened against
existing voter registration records in the official statewide voter
registration list. If a match of an existing record is found in the
official list the record must be updated with the new information
provided on the application. If the new information indicates that the
voter has changed his or her county of residence, the application must
be forwarded to the voter's new county of residence for processing. If
the new information indicates that the voter remains in the same county
of residence or if the applicant is a new voter the application must be
processed by the county of residence.
(3) If the information required in subsection (1) of this section
is complete, the applicant is considered to be registered to vote as of
the date of mailing. The auditor shall record the appropriate precinct
identification, taxing district identification, and date of
registration on the voter's record in the state voter registration
list. 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, an acknowledgement notice 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 the applicant has
indicated that he or she is registered to vote in another county in
Washington but has also provided an address within the auditor's county
that is for voter registration purposes, the auditor shall send, on
behalf of the registrant, a registration cancellation notice to the
auditor of that other county and the auditor receiving the notice shall
cancel the registrant's voter registration in that other county.)) If
the registrant has indicated on the form that he or she is registered
to vote within the county but has provided a new address within the
county that is for voter registration purposes, the auditor shall
transfer the voter's registration.
(((3))) (4) If an acknowledgement notice card is properly mailed as
required by this section to the address listed by the voter as being
the voter's mailing address and the notice is subsequently returned to
the auditor by the postal service as being undeliverable to the voter
at that address, the auditor shall promptly send the voter a
confirmation notice. The auditor shall place the voter's registration
on inactive status pending a response from the voter to the
confirmation notice.
Sec. 107 RCW 29A.08.115 and 2003 c 111 s 207 are each amended to
read as follows:
((Every registration assistant shall keep registration supplies at
his or her usual place of residence or usual place of business.)) A
person or organization collecting voter registration application forms
must transmit the forms to the secretary of state or a designee at
least once weekly.
Sec. 108 RCW 29A.08.120 and 2003 c 111 s 208 are each amended to
read as follows:
Any elector of this state may register to vote by mail under this
((chapter)) title.
Sec. 109 RCW 29A.08.125 and 2003 c 111 s 209 are each amended to
read as follows:
Each county auditor shall maintain a computer file containing ((the
records)) a copy of each record of all registered voters within the
county contained on the official statewide voter registration list for
that county. ((The auditor may provide for the establishment and
maintenance of such files by private contract or through interlocal
agreement as provided by chapter 39.34 RCW.)) The computer file must
include, but not be limited to, each voter's last name, first name,
middle initial, date of birth, residence address, gender, date of
registration, applicable taxing district and precinct codes, and the
last date on which the individual voted. The county auditor shall
subsequently record each consecutive date upon which the individual has
voted and retain at least the last five such consecutive dates. If the
voter has not voted at least five times since establishing his or her
current registration record, only the available dates will be included.
Sec. 110 RCW 29A.08.135 and 2003 c 111 s 211 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 or
her 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)) another state 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)) the
applicant's previous state of registration. A county auditor receiving
official information that a voter has registered to vote in another
((jurisdiction)) state shall immediately cancel that voter's
registration on the official state voter registration list.
Sec. 111 RCW 29A.08.140 and 2003 c 111 s 212 are each amended to
read as follows:
The registration files of all precincts shall be closed against
original registration or transfers for thirty days immediately
preceding every primary, special election, and general election to be
held in such precincts.
The county auditor shall give notice of the closing of the precinct
files for original registration and transfer and notice of the special
registration and voting procedure provided by RCW 29A.08.145 by one
publication in a newspaper of general circulation in the county at
least five days before the closing of the precinct files.
No person may vote at any primary, special election, or general
election in a precinct polling place unless he or she has registered to
vote at least thirty days before that primary or election and appears
on the official statewide voter registration list. If a person,
otherwise qualified to vote in the state, county, and precinct in which
he or she applies for registration, does not register at least thirty
days before any primary, special election, or general election, he or
she may register and vote by absentee ballot for that primary or
election under RCW 29A.08.145.
Sec. 112 RCW 29A.08.145 and 2003 c 111 s 213 are each amended to
read as follows:
This section establishes a special procedure which an elector may
use to register to vote or transfer a voter registration by changing
their address during the period beginning after the closing of
registration for voting at the polls under RCW 29A.08.140 and ending on
the fifteenth day before a primary, special election, or general
election. A qualified elector in the ((county)) state may register to
vote or change their registration address in person in the office of
the county auditor or at a voter registration location specifically
designated for this purpose by the county auditor of the county in
which the applicant resides, and apply for an absentee ballot for that
primary or election. The auditor or registration assistant shall
register that individual in the manner provided in this chapter. The
application for an absentee ballot executed by the newly registered or
transferred voter for the primary or election that follows the
execution of the registration shall be promptly transmitted to the
auditor with the completed voter registration form.
Sec. 113 RCW 29A.08.155 and 2003 c 111 s 215 are each amended to
read as follows:
To compensate counties with fewer than ten thousand registered
voters at the time of the most recent state general election for
unrecoverable costs incident to the maintenance of voter registration
records on electronic data processing systems, the secretary of state
shall, in June of each year, pay such counties an amount equal to
((thirty cents)) one dollar for each registered voter in the county at
the time of the most recent state general election, as long as funds
provided for elections by the Help America Vote Act of 2002 (P.L. 107-252) are available.
Sec. 114 RCW 29A.08.220 and 2003 c 111 s 217 are each amended to
read as follows:
(1) The secretary of state shall specify by rule the format of all
voter registration applications. These applications shall be
compatible with existing voter registration records. An applicant for
voter registration shall be required to complete only one application
and to provide the required information other than his or her signature
no more than one time. These applications shall also contain
information for the voter to transfer his or her registration.
Any application format specified by the secretary for use in
registering to vote in state and local elections shall satisfy the
requirements of the National Voter Registration Act of 1993 (P.L. 103-31) and the Help America Vote Act of 2002 (P.L. 107-252) for
registering to vote in federal elections.
(2) ((The secretary of state shall adopt by rule a uniform data
format for transferring voter registration records on machine-readable
media.)) All registration applications required under RCW 29A.08.210
and 29A.08.340 shall be produced and furnished by the secretary of
state to the county auditors and the department of licensing.
(3)
(((4) The secretary of state shall produce and distribute any
instructional material and other supplies needed to implement RCW
29A.08.340 and 46.20.155.))
(5) Any notice or statement that must be provided under the
National Voter Registration Act of 1993 (P.L. 103-31) to prospective
registrants concerning registering to vote in federal elections shall
also be provided to prospective registrants concerning registering to
vote under this title in state and local elections as well as federal
elections.
Sec. 115 RCW 29A.08.240 and 2003 c 111 s 219 are each amended to
read as follows:
(1) Until January 1, 2006, at the time of registering, a voter
shall sign his or her name upon a signature card to be transmitted to
the secretary of state. The voter shall also provide his or her first
name followed by the last name or names and the name of the county in
which he or she is registered. Once each week the county auditor shall
transmit all such cards to the secretary of state. 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.
(2) This section expires January 1, 2006.
Sec. 116 RCW 29A.08.250 and 2003 c 111 s 220 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
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. Voter registration
application forms must also contain a space for the applicant to
provide his or her driver's license number or the last four digits of
his or her social security number as well as check boxes intended to
allow the voter to indicate age and United States citizenship
eligibility under the Help America Vote Act of 2002 (P.L. 107-252).
Sec. 117 RCW 29A.08.260 and 2003 c 111 s 221 are each amended to
read as follows:
The county auditor shall distribute forms by which a person may
register to vote by mail and ((cancel)) transfer 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.
Sec. 118 RCW 29A.08.320 and 2003 c 111 s 223 are each amended to
read as follows:
(1) A person may register to vote or transfer a voter registration
when he or she applies for service or assistance and with each renewal,
recertification, or change of address at agencies designated under RCW
((29.07.420)) 29A.08.310.
(2) A prospective applicant shall initially be offered a form
((adopted)) approved by the secretary of state ((that is)) designed to
determine whether the person wishes to register to vote. The form must
comply with all applicable state and federal statutes regarding
content.
The form shall also contain a box that may be checked by the
applicant to indicate that he or she declines to register.
If the person indicates an interest in registering or has made no
indication as to a desire to register or not register to vote, the
person shall be given a mail-in voter registration application or a
prescribed agency application as provided by RCW 29A.08.330.
Sec. 119 RCW 29A.08.350 and 2003 c 111 s 226 are each amended to
read as follows:
(1) The secretary of state shall provide for the voter registration
forms submitted under RCW 29A.08.340 to be collected from each driver's
licensing facility within five days of their completion.
(2) The department of licensing shall produce and transmit to the
secretary of state a machine-readable file containing the following
information from the records of each individual who requested a voter
registration or transfer at a driver's license facility during each
period for which forms are transmitted under subsection (1) of this
section: The name, address, date of birth, gender of the applicant,
the driver's license number, the date on which the application for
voter registration or transfer was submitted, and the location of the
office at which the application was submitted.
(3) The voter registration forms from the driver's licensing
facilities must be forwarded to the county in which the applicant has
registered to vote no later than ten days after the date on which the
forms were to be collected.
(4) For a voter registration application where the address for
voting purposes is different from the address in the machine-readable
file received from the department of licensing, the secretary of state
shall amend the record of that application in the machine-readable file
to reflect the county in which the applicant has registered to vote.
(5) The secretary of state shall sort the records in the machine-readable file according to the county in which the applicant registered
to vote and produce a file of voter registration transactions for each
county. The records of each county may be transmitted on or through
whatever medium the county auditor determines will best facilitate the
incorporation of these records into the existing voter registration
files of that county.
(6) The secretary of state shall produce a list of voter
registration transactions for each county and transmit a copy of this
list to that county with each file of voter registration transactions
no later than ten days after the date on which that information was to
be transmitted under subsection (1) of this section.
(((7) If a registrant has indicated on the voter registration
application form that he or she is registered to vote in another county
in Washington but has also provided an address within the auditor's
county that is for voter registration purposes, the auditor shall send,
on behalf of the registrant, a registration cancellation notice to the
auditor of that other county and the auditor receiving the notice shall
cancel the registrant's voter registration in that other county. If
the registrant has indicated on the form that he or she is registered
to vote within the county but has provided a new address within the
county that is for voter registration purposes, the auditor shall
transfer the voter's registration.))
Sec. 120 RCW 29A.08.360 and 2003 c 111 s 227 are each amended to
read as follows:
(1) The department of licensing shall provide information on all
persons changing their address on change of address forms submitted to
the department unless the voter has indicated that the address change
is not for voting purposes. This information will be transmitted to
the secretary of state each week in a machine-readable file containing
the following information on persons changing their address: The name,
address, date of birth, gender of the applicant, the applicant's
driver's license number, the applicant's former address, the county
code for the applicant's former address, and the date that the request
for address change was received.
(2) The secretary of state shall forward this information to the
appropriate county each week. When the information indicates that the
voter has moved ((within the county)), the county auditor shall use the
change of address information to transfer the voter's registration and
send the voter an acknowledgement notice of the transfer. ((If the
information indicates that the new address is outside the voter's
original county, the county auditor shall send the voter a registration
by mail form at the voter's new address and advise the voter of the
need to reregister in the new county. The auditor shall then place the
voter on inactive status.))
Sec. 121 RCW 29A.08.420 and 2003 c 111 s 229 are each amended to
read as follows:
A registered voter who changes his or her residence from one county
to another county, ((shall be required to register anew. The voter
shall sign an authorization to cancel his or her current registration.
An authorization to cancel a voter's registration must be forwarded
promptly to the county auditor of the county in which the voter was
previously registered)) must do so in writing using a prescribed voter
registration form. The county auditor of the voter's new county
((where the previous registration was made shall cancel the
registration of the voter if it appears that the signatures in the
registration record and on the cancellation authorization form were
made by the same person)) shall transfer the voter's registration from
the county of the previous registration.
Sec. 122 RCW 29A.08.430 and 2003 c 111 s 230 are each amended to
read as follows:
(1) A person who is registered to vote in this state may transfer
his or her voter registration on the day of a special or general
election or primary under the following procedures:
(a) The voter may complete, at the polling place, a voter
registration ((transfer)) form designed by the secretary of state and
supplied by the county auditor; or
(b) For a change within the county, the voter may write in his or
her new residential address in the precinct list of registered voters.
The county auditor shall determine which of these two procedures
are to be used in the county or may determine that both procedures are
to be available to voters for use in the county.
(2) A voter who transfers his or her registration in the manner
authorized by this section shall vote in the precinct in which he or
she was previously registered.
(3) The auditor shall, within ((ninety)) sixty days, mail to each
voter who has transferred a registration under this section ((a)), an
acknowledgement notice ((of)) detailing his or her current precinct and
polling place.
Sec. 123 RCW 29A.08.510 and 2003 c 111 s 232 are each amended to
read as follows:
In addition to case-by-case maintenance under RCW 29A.08.620 and
29A.08.630 and the general program of maintenance of voter registration
lists under RCW 29A.08.605, deceased voters will be canceled from voter
registration lists as follows:
(1) ((Every month)) Periodically, the registrar of vital statistics
of the state shall prepare a ((separate)) list of persons who resided
in each county, for whom a death certificate was transmitted to the
registrar and was not included on a previous list, and shall supply the
((appropriate)) list to ((each county auditor)) the secretary of state.
((A county auditor)) The secretary of state shall compare this list
with the registration records and cancel the registrations of deceased
voters within at least forty-five days before the next primary or
election ((held in the county after the auditor receives the list)).
(2) In addition, ((the)) each county auditor may also use newspaper
obituary articles as a source of information in order to cancel a
voter's registration from the official state voter registration list.
The auditor must verify the identity of the voter by matching the
voter's date of birth or an address. The auditor shall record the date
and source of the obituary in the cancellation records.
(3) In addition, any registered voter may sign a statement, subject
to the penalties of perjury, to the effect that to his or her personal
knowledge or belief another registered voter is deceased. This
statement may be filed with the county auditor or the secretary of
state. Upon the receipt of such signed statement, the county auditor
or the secretary of state shall cancel the registration records
concerned ((and so notify the secretary of state)) from the official
state voter registration list.
Sec. 124 RCW 29A.08.520 and 2003 c 111 s 233 are each amended to
read as follows:
Upon receiving official notice of a person's conviction of a felony
in either state or federal court, if the convicted person is a
registered voter in the county, the county auditor shall cancel the
defendant's voter registration. Additionally, the secretary of state
in conjunction with the department of corrections shall arrange for a
periodic comparison of a list of known felons with the statewide voter
registration list. If a person is found on the department of
corrections felon list and the statewide voter registration list, the
secretary of state or county auditor shall confirm the match through a
date of birth comparison and cancel the voter registration from the
official state voter registration list.
Sec. 125 RCW 29A.08.540 and 2003 c 111 s 235 are each amended to
read as follows:
Every ((county auditor shall carefully preserve in a separate file
or list the)) registration records of persons whose voter registrations
have been canceled as authorized under this title((. The files or
lists)) shall be ((kept)) preserved in the manner prescribed by rule by
the secretary of state. Information from such canceled registration
records is available for public inspection and copying to the same
extent established by RCW 29A.08.710 for other voter registration
information.
The ((county auditor may destroy the)) voter registration
information and records of any person whose voter registration has been
canceled for a period of two years or more may be destroyed.
Sec. 126 RCW 29A.08.605 and 2003 c 111 s 236 are each amended to
read as follows:
In addition to the case-by-case maintenance required under RCW
29A.08.620 and 29A.08.630 and the canceling of registrations under RCW
29A.08.510, the secretary of state and the county auditor shall
cooperatively establish a general program of voter registration list
maintenance. This program must be a thorough review that is applied
uniformly throughout the county and must be nondiscriminatory in its
application. Any program established must be completed at least once
every two years and not later than ninety days before the date of a
primary or general election for federal office. ((The county may
fulfill its obligations under this section)) This obligation may be
fulfilled in one of the following ways:
(1) The ((county auditor)) secretary of state may enter into one or
more contracts with the United States postal service, or its licensee,
which permit the ((auditor to)) use of postal service change-of-address
information. If the ((auditor receives)) change of address information
is received from the United States postal service that indicates that
a voter has changed his or her residence address within the ((county))
state, the auditor shall transfer the registration of that voter and
send a confirmation notice informing the voter of the transfer to the
new address((. If the auditor receives postal change of address
information indicating that the voter has moved out of the county, the
auditor shall send a confirmation notice to the voter and advise the
voter of the need to reregister in the new county. The auditor shall
place the voter's registration on inactive status));
(2) A direct, nonforwardable, nonprofit or first-class mailing to
every registered voter ((within the county)) bearing the postal
endorsement "Return Service Requested." If address correction
information for a voter is received by the county auditor after this
mailing, the auditor shall place that voter on inactive status and
shall send to the voter a confirmation notice;
(3) Any other method approved by the secretary of state.
Sec. 127 RCW 29A.08.610 and 2003 c 111 s 237 are each amended to
read as follows:
In addition to the case-by-case cancellation procedure required in
RCW 29A.08.420, ((the county auditor, in conjunction with the office
of)) the secretary of state, shall ((participate in an annual)) conduct
a 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)) state
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)) search the statewide voter registration list to find
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)) compare the signatures on each voter registration
record and after confirming that a duplicate registration exits
properly resolve the duplication.
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 RCW 29A.84.010 without delay.
Sec. 128 RCW 29A.08.620 and 2003 c 111 s 239 are each amended to
read as follows:
(1) A county auditor shall assign a registered voter to inactive
status and shall send the voter a confirmation notice if any of the
following documents are returned by the postal service as
undeliverable:
(a) An acknowledgement of registration;
(b) An acknowledgement of transfer to a new address;
(c) A vote-by-mail ballot, absentee ballot, or application for a
ballot;
(d) Notification to a voter after precinct reassignment;
(e) Notification to serve on jury duty; or
(f) Any other document other than a confirmation notice, required
by statute, to be mailed by the county auditor to the voter.
(2) A county auditor shall also assign a registered voter to
inactive status and shall send the voter a confirmation notice:
(a) Whenever change of address information received from the
department of licensing under RCW 29A.08.350, or by any other agency
designated to provide voter registration services under RCW
((29.07.420)) 29A.08.310, indicates that the voter has moved to an
address outside the ((county)) state; or
(b) If the auditor receives postal change of address information
under RCW 29A.08.605, indicating that the voter has moved out of the
((county)) state.
Sec. 129 RCW 29A.08.630 and 2003 c 111 s 241 are each amended to
read as follows:
The county auditor shall return an inactive voter to active voter
status if, during the period beginning on the date the voter was
assigned to inactive status and ending on the day of the second general
election for federal office that occurs after the date that the voter
was sent a confirmation notice, the voter: Notifies the auditor of a
change of address within the county; responds to a confirmation notice
with information that the voter continues to reside at the registration
address; votes or attempts to vote in a primary or a special or general
election and resides within the county; or signs any petition
authorized by statute for which the signatures are required by law to
be verified by the county auditor or secretary of state. If the
inactive voter fails to provide such a notice or take such an action
within that period, the auditor shall cancel the person's voter
registration.
Sec. 130 RCW 29A.08.640 and 2003 c 111 s 243 are each amended to
read as follows:
If the response to the confirmation notice provides the county
auditor with the information indicating that the voter has moved within
the county, the auditor shall transfer the voter's registration. If
the response indicates a move out of a county, but within the state,
the auditor shall place the registration in inactive status for
transfer pending acceptance by the county indicated by the new address.
The auditor shall immediately notify the auditor of the county with the
new address. If the response indicates that the voter has left the
((county)) state, the auditor shall cancel the voter's registration on
the official state voter registration list.
Sec. 131 RCW 29A.08.710 and 2003 c 111 s 246 are each amended to
read as follows:
(1) The county auditor shall have custody of the original voter
registration records for each county. The original voter registration
form must be filed without regard to precinct and is considered
confidential and unavailable for public inspection and copying. An
automated file of all registered voters must be maintained pursuant to
RCW 29A.08.125. An auditor may maintain the automated file in lieu of
filing or maintaining the original voter registration forms if the
automated file includes all of the information from the original voter
registration forms including, but not limited to, a retrievable
facsimile of each voter's signature.
(2) The following information contained in voter registration
records or files regarding a voter or a group of voters is available
for public inspection and copying: The voter's name, gender, voting
record, date of registration, and registration number. The address and
political jurisdiction of a registered voter are available for public
inspection and copying except as provided by chapter 40.24 RCW. No
other information from voter registration records or files is available
for public inspection or copying.
Sec. 132 RCW 29A.08.760 and 2003 c 111 s 251 are each amended to
read as follows:
((As soon as any or all of the voter registration data from the
counties has been received under RCW 29A.08.750 and processed, the
secretary of state shall provide a duplicate copy of this data to the
political party organization or other individual making the request, at
cost, shall provide a duplicate copy of the master statewide computer
tape or data file of registered voters to the statute law committee
without cost, and)) The secretary of state shall provide a duplicate
copy of the master statewide computer ((tape)) file or electronic data
file of registered voters to the department of information services for
purposes of creating the jury source list without cost. Restrictions
as to the commercial use of the information on the statewide computer
tape or data file of registered voters, and penalties for its misuse,
shall be the same as provided in RCW 29A.08.730 and 29A.08.740.
Sec. 133 RCW 29A.08.770 and 2003 c 111 s 252 are each amended to
read as follows:
The secretary of state and each county auditor shall maintain for
at least two years and shall make available for public inspection and
copying all records concerning the implementation of programs and
activities conducted for the purpose of insuring the accuracy and
currency of official lists of eligible voters. These records must
include lists of the names and addresses of all persons to whom notices
are sent and information concerning whether or not each person has
responded to the notices. These records must contain lists of all
persons removed from the list of eligible voters and the reasons why
the voters were removed.
NEW SECTION. Sec. 134 (1) The office of the secretary of state
shall create and maintain a statewide voter registration data base.
This data base must be a single, uniform, official, centralized,
interactive computerized statewide voter registration list defined,
maintained, and administered at the state level that contains the name
and registration information of every legally registered voter in the
state and assigns a unique identifier to each legally registered voter
in the state and includes the following:
(a) The computerized list serves as the single system for storing
and maintaining the official list of registered voters throughout the
state;
(b) The computerized list contains the name and registration
information of every legally registered voter in the state;
(c) Under the computerized list, a unique identifier assigned to
each legally registered voter in the state;
(d) The computerized list must be coordinated with other agency
data bases within the state;
(e) Any election official in the state, including any local
election official, may obtain immediate electronic access to the
information contained in the computerized list;
(f) All voter registration information obtained by any local
election official in the state must be electronically entered into the
computerized list on an expedited basis at the time the information is
provided to the local official;
(g) The chief state election official shall provide support, as may
be required, so that local election officials are able to enter
information as described in (b) of this subsection; and
(h) The computerized list serves as the official voter registration
list for the conduct of all elections.
(2) The secretary of state has data authority on all voter
registration data.
(3) The voter registration data base must be designed to accomplish
at a minimum, the following:
(a) Comply with the Help America Vote Act of 2002 (P.L. 107-252);
(b) Identify duplicate voter registrations;
(c) Identify suspected duplicate voters;
(d) Screen against the department of corrections data base to aid
in the cancellation of voter registration of felons;
(e) Provide up-to-date signatures of voters for the purposes of
initiative signature checking;
(f) Provide for a comparison between the voter registration data
base and the department of licensing change of address data base;
(g) Provide online access for county auditors with the goal of real
time duplicate checking and update capabilities; and
(h) Provide for the cancellation of voter registration for persons
who have moved to other states and surrendered their Washington state
drivers' licenses.
NEW SECTION. Sec. 135 Only voters who appear on the official
statewide voter registration list are eligible to participate in
elections. Each county shall maintain a copy of that county's portion
of the state list. The county must ensure that data used for the
production of poll lists and other lists and mailings done in the
administration of each election are drawn from the official statewide
voter registration list.
NEW SECTION. Sec. 136 Each county shall ensure complete freedom
of electronic access and information transfer between the county's
election management and voter registration system and the secretary of
state's official statewide voter registration list.
NEW SECTION. Sec. 201 The secretary of state shall establish a
competitive local government grant program to solicit and prioritize
project proposals from county election offices. Potential projects
proposals must be new projects designed to help the county election
office comply with the requirements of the Help America Vote Act (P.L.
107-252). Grant funds will not be allocated to fund existing statutory
functions of local elections offices, and in order to be eligible for
a grant, local election offices must maintain an elections budget at or
above the local elections budget by the effective date of this section.
NEW SECTION. Sec. 202 The secretary of state will administer the
grant program and disburse funds from the election account established
in the state treasury by the legislature in chapter 111, Laws of 2003.
Only grant proposals from local government election offices will be
reviewed. The secretary of state and any local government grant
recipient shall enter into an agreement outlining the terms of the
grant and a payment schedule. The payment schedule may allow the
secretary of state to make payments directly to vendors contracted by
the local government election office from Help America Vote Act (P.L.
107-252) funds. The secretary of state shall adopt any rules necessary
to facilitate this section.
NEW SECTION. Sec. 203 (1) The secretary of state shall create an
advisory committee and adopt rules governing project eligibility,
evaluation, awarding of grants, and other criteria for administering
the local government grant program, which may include a preference for
grants that include a match of local funds.
(2) The advisory committee shall review grant proposals and
establish a prioritized list of projects to be considered for funding
by the third Tuesday in May of each year beginning in 2004 and
continuing as long as funds in the election account established by
chapter 48, Laws of 2003 are available. The grant award may have an
effective date other than the date the project is placed on the
prioritized list, including money spent previously by the county that
would qualify for reimbursement under the Help America Vote Act (P.L.
107-252).
(3) Examples of projects that would be eligible for local
government grant funding include, but are not limited to the following:
(a) Replacement or upgrade of voting equipment, including the
replacement of punchcard voting systems;
(b) Purchase of additional voting equipment, including the purchase
of equipment to meet the disability requirements of the Help America
Vote Act (P.L. 107-252);
(c) Purchase of new election management system hardware and
software capable of integrating with the statewide voter registration
system required by the Help America Vote Act (P.L. 107-252);
(d) Development and production of poll worker recruitment and
training materials;
(e) Voter education programs;
(f) Publication of a local voters pamphlet;
(g) Toll-free access system to provide notice of the outcome of
provisional ballots; and
(h) Training for local election officials.
NEW SECTION. Sec. 301 A new section is added to chapter 29.01
RCW to read as follows:
"Disability access voting location" means a location designated by
the county auditor for the conduct of in-person disability access
voting.
NEW SECTION. Sec. 302 A new section is added to chapter 29.01
RCW to read as follows:
"Disability access voting period" means the period of time starting
twenty days before an election until one day before the election.
NEW SECTION. Sec. 303 A new section is added to chapter 29.01
RCW to read as follows:
"In-person disability access voting" means a procedure in which a
voter may come in person to a disability access location and cast a
ballot during the disability access voting period.
NEW SECTION. Sec. 304 At the discretion of the county auditor,
in-person disability access voting may take place during the period
starting twenty days before the day of a primary or election and ending
the day before the election. The auditor shall maintain a system or
systems to prevent multiple voting. The end of the disability access
voting period in each county will be determined by the auditor's need
and ability to print and distribute poll books to the polls in order to
prevent multiple voting.
NEW SECTION. Sec. 305 The county auditor has sole discretion for
determining locations within the county and operating hours for
disability access voting locations.
NEW SECTION. Sec. 306 In-person disability access voting must be
conducted using disability access voting devices.
NEW SECTION. Sec. 307 The secretary of state shall adopt rules
and procedures to insure the proper conduct of voting at all early
voting locations. These rules must include:
(1) Methods for preventing double voting, protection of voting
information, vote accountability, tabulation, and all other related
processes and procedures;
(2) Provisional and special voting procedures;
(3) Advertising and notification to voters of disability and access
voting locations;
(4) Methodology for locating and determining proper locations,
including disabled access, security, geographic disbursal, and equal
opportunity for all county voters.
NEW SECTION. Sec. 308 No person may interfere with a voter in
any way within the disability access voting location. This does not
prevent the voter from receiving assistance in preparing his or her
ballot as provided in this chapter.
NEW SECTION. Sec. 309 (1) During posted disability access voting
hours, no person may, within the voting location, or in any public area
within three hundred feet of an entrance to the voting location:
(a) Suggest or persuade or attempt to suggest or persuade a voter
to vote for or against a candidate or ballot measure;
(b) Circulate cards or handbills of any kind;
(c) Solicit signatures to any kind of petition; or
(d) Engage in a practice that interferes with the freedom of voters
to exercise their franchise or disrupts the administration of the early
voting location.
(2) No person may obstruct the doors or entries to a building
containing the voting location or prevent free access to and from the
voting location. Any sheriff, deputy sheriff, or municipal law
enforcement officer shall prevent the obstruction, and may arrest a
person creating such an obstruction.
(3) No person may:
(a) Except as provided in RCW 29.54.037, remove a ballot from the
disability access voting location before the closing of the polls; or
(b) Solicit a voter to show his or her ballot.
(4) No person other than a voting election official may receive
from a voter a voted ballot or deliver a blank ballot to the voter.
(5) 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, and the person convicted may be ordered to pay the costs of
prosecution.
NEW SECTION. Sec. 310 A disability access voting election
officer who does any electioneering during the voting period is guilty
of a misdemeanor, and upon conviction must be fined a sum not exceeding
one hundred dollars and pay the costs of prosecution.
NEW SECTION. Sec. 311 A voter desiring to vote at a disability
access voting site shall give his or her name to the voting election
officer who has the precinct list of registered voters. This officer
shall announce the name to the election officer who has the copy of the
list of voters. If the right of this voter to participate in the
primary or election is not challenged, the voter must be issued a
ballot or permitted to enter a voting booth and operate a voting
device. The number of the ballot or the voter must be recorded by the
election officers. If the right of the voter to participate is
challenged, RCW 29.10.125 and 29.10.127 apply to that voter.
NEW SECTION. Sec. 312 Disability access voting locations must
remain open continuously until the time specified in the notice of
disability access voting. At the time of closing, the election
officers shall announce that the disability access voting location is
closed.
NEW SECTION. Sec. 313 If at the time of closing the disability
access voting location, there are voters in the location who have not
voted, they must be allowed to vote after the location has been closed.
NEW SECTION. Sec. 314 Immediately after the daily close of the
disability access voting location and the completion of voting, the
election officers shall count the number of votes cast and make a
record of any discrepancy between this number and the number of voters
who signed the poll book for that day, complete the certifications in
the poll book, prepare the ballots for transfer to the counting center
if necessary, and seal the voting devices.
NEW SECTION. Sec. 315 (1) At the direction of the county
auditor, a team or teams composed of a representative of at least two
major political parties shall stop at disability access voting
locations and pick up the sealed containers of ballots or electronic
ballot media for delivery to the counting center. This process must
occur daily at the closing hour for the voting location. Two election
officials, representing two major political parties, shall seal the
containers furnished by the county auditor and properly identified with
his or her address with uniquely prenumbered seals.
(2) At the counting center or the collection stations where the
sealed ballot containers are delivered by the designated
representatives of the major political parties, the county auditor or
a designated representative of the county auditor shall receive the
sealed ballot containers, record the time, date, voting location, and
seal number of each ballot container.
Sec. 316 RCW 29A.16.010 and 2003 c 111 s 401 are each amended to
read as follows:
The intent of this chapter is to require state and local election
officials to designate and use polling places and disability access
voting locations in all elections and permanent registration locations
which are accessible to elderly and disabled persons. County auditors
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 disabled persons.
Sec. 317 RCW 29A.16.130 and 2003 c 111 s 409 are each amended to
read as follows:
Each state agency and entity of local government shall permit the
use of any of its buildings and the most suitable locations therein as
polling places or disability access voting locations when required by
a county auditor to provide accessible places in each precinct.
Sec. 318 RCW 29A.44.030 and 2003 c 111 s 1103 are each amended to
read as follows:
Any voter may take into the voting booth or voting device any
printed or written material to assist in casting his or her vote. The
voter shall not use this material to electioneer and shall remove the
material when he or she leaves the polls or the disability access
voting location.
Sec. 319 RCW 29A.44.040 and 2003 c 111 s 1104 are each amended to
read as follows:
No ballots may be used in any polling place or disability access
voting location other than those prepared by the county auditor. No
voter is entitled to vote more than once at a primary or a general or
special election, except that if a voter incorrectly marks a ballot, he
or she may return it and be issued a new ballot. The precinct election
officers shall void the incorrectly marked ballot and return it to the
county auditor.
Sec. 320 RCW 29A.44.220 and 2003 c 111 s 1121 are each amended to
read as follows:
On signing the precinct list of registered voters or being issued
a ballot, the voter shall, without leaving the polling place or
disability access location, proceed to one of the voting booths or
voting devices to cast his or her vote. When the voter has finished,
he or she shall either (1) remove the numbered stub from the ballot,
place the ballot in the ballot box, and return the number to the
((precinct)) election officers, or (2) deliver the entire ballot to the
((precinct)) election officers, who shall remove the numbered stub from
the ballot and place the ballot in the ballot box. If poll-site ballot
counting devices are used, the voter shall put the ballot in the
device.
Sec. 321 RCW 29A.44.350 and 2003 c 111 s 1133 are each amended to
read as follows:
If a poll-site ballot counting device fails to operate at any time
during polling hours or disability access voting hours, voting must
continue, and the ballots must be deposited for later tabulation in a
secure ballot compartment separate from the tabulated ballots.
NEW SECTION. Sec. 401 The state-based administrative complaint
procedures required in the Help America Vote Act (P.L. 107-252) and
detailed in administrative rule apply to all primary, general, and
special elections administered under this title.
NEW SECTION. Sec. 501 (1) An individual who votes in an election
for federal office as a result of a federal or state court order or any
other order extending the time for closing the polls, may vote in that
election only by casting a provisional ballot. As to court orders
extending the time for closing the polls, this section does not apply
to any voters who were present in the polling place at the statutory
closing time and as a result are permitted to vote under RCW
29A.44.070. This section does not, by itself, authorize any court to
order that any individual be permitted to vote or to extend the time
for closing the polls, but this section is intended to comply with 42
U.S.C. Sec. 15482(c) with regard to federal elections.
(2) Any ballot cast under subsection (1) of this section must be
separated and held apart from other provisional ballots cast by those
not affected by the order.
NEW SECTION. Sec. 601 A new section is added to chapter 29A.12
RCW to read as follows:
As used in this chapter, "voting system" means:
(1) The total combination of mechanical, electromechanical, or
electronic equipment including, but not limited to, the software,
firmware, and documentation required to program, control, and support
the equipment, that is used:
(a) To define ballots;
(b) To cast and count votes;
(c) To report or display election results;
(d) To maintain and produce any audit trail information; and
(2) The practices and associated documentation used:
(a) To identify system components and versions of such components;
(b) To test the system during its development and maintenance;
(c) To maintain records of system errors and defects;
(d) To determine specific system changes to be made to a system
after the initial qualification of the system; and
(e) To make available any materials to the voter such as notices,
instructions, forms, or paper ballots.
Sec. 701 RCW 29.33.305 and 2003 c 110 s 1 are each amended to
read as follows:
(1) ((The secretary of state shall adopt rules and establish
standards for voting technology and systems used by the state or any
political subdivision to be accessible for individuals with
disabilities, including nonvisual accessibility for the blind and
visually impaired, in a manner that provides the same opportunity for
access and participation, including privacy and independence, as other
voters.)) At each polling location, at least one voting unit certified
by the secretary of state shall provide access to individuals who are
blind or visually impaired.
(2)
(((3))) (2) Compliance with this provision in regard to voting
technology and systems purchased prior to July 27, 2003, shall be
achieved at the time of procurement of an upgrade of technology
compatible with nonvisual voting methods or replacement of existing
voting equipment or systems.
(((4))) (3) Compliance with subsection((s (2) and)) (3) of this
section is contingent on available funds to implement this provision.
(((5))) (4) For purposes of this section, the following definitions
apply:
(a) "Accessible" includes receiving, using, selecting, and
manipulating voter data and controls.
(b) "Nonvisual" includes synthesized speech, Braille, and other
output methods.
(c) "Blind and visually impaired" excludes persons who are both
deaf and blind.
(((6))) (5) This section does not apply to voting by absentee
ballot.
Sec. 702 RCW 29A.04.610 and 2003 c 111 s 161 are each amended to
read as follows:
The secretary of state as chief election officer shall make
reasonable rules in accordance with chapter 34.05 RCW not inconsistent
with the federal and state election laws to effectuate any provision of
this title and to facilitate the execution of its provisions in an
orderly, timely, and uniform manner relating to any federal, state,
county, city, town, and district elections. To that end the secretary
shall assist local election officers by devising uniform forms and
procedures.
In addition to the rule-making authority granted otherwise by this
section, the secretary of state shall make rules governing the
following provisions:
(1) The maintenance of voter registration records;
(2) The preparation, maintenance, distribution, review, and filing
of precinct maps;
(3) Standards for the design, layout, and production of ballots;
(4) The examination and testing of voting systems for
certification;
(5) The source and scope of independent evaluations of voting
systems that may be relied upon in certifying voting systems for use in
this state;
(6) Standards and procedures for the acceptance testing of voting
systems by counties;
(7) Standards and procedures for testing the programming of vote
tallying software for specific primaries and elections;
(8) Standards and procedures for the preparation and use of each
type of certified voting system including procedures for the operation
of counting centers where vote tallying systems are used;
(9) Standards and procedures to ensure the accurate tabulation and
canvassing of ballots;
(10) Consistency among the counties of the state in the preparation
of ballots, the operation of vote tallying systems, and the canvassing
of primaries and elections;
(11) Procedures to ensure the secrecy of a voter's ballot when a
small number of ballots are counted at the polls or at a counting
center;
(12) The use of substitute devices or means of voting when a voting
device at the polling place is found to be defective, the counting of
votes cast on the defective device, the counting of votes cast on the
substitute device, and the documentation that must be submitted to the
county auditor regarding such circumstances;
(13) Procedures for the transportation of sealed containers of
voted ballots or sealed voting devices;
(14) The acceptance and filing of documents via electronic
facsimile;
(15) Voter registration applications and records;
(16) The use of voter registration information in the conduct of
elections;
(17) The coordination, delivery, and processing of voter
registration records accepted by driver licensing agents or the
department of licensing;
(18) The coordination, delivery, and processing of voter
registration records accepted by agencies designated by the governor to
provide voter registration services;
(19) Procedures to receive and distribute voter registration
applications by mail;
(20) Procedures for a voter to change his or her voter registration
address within a county by telephone;
(21) Procedures for a voter to change the name under which he or
she is registered to vote;
(22) Procedures for canceling dual voter registration records and
for maintaining records of persons whose voter registrations have been
canceled;
(23) Procedures for the electronic transfer of voter registration
records between county auditors and the office of the secretary of
state;
(24) Procedures and forms for declarations of candidacy;
(25) Procedures and requirements for the acceptance and filing of
declarations of candidacy by electronic means;
(26) Procedures for the circumstance in which two or more
candidates have a name similar in sound or spelling so as to cause
confusion for the voter;
(27) Filing for office;
(28) The order of positions and offices on a ballot;
(29) Sample ballots;
(30) Independent evaluations of voting systems;
(31) The testing, approval, and certification of voting systems;
(32) The testing of vote tallying software programming;
(33) Standards and procedures to prevent fraud and to facilitate
the accurate processing and canvassing of absentee ballots and mail
ballots;
(34) Standards and procedures to guarantee the secrecy of absentee
ballots and mail ballots;
(35) Uniformity among the counties of the state in the conduct of
absentee voting and mail ballot elections;
(36) Standards and procedures to accommodate out-of-state voters,
overseas voters, and service voters;
(37) The tabulation of paper ballots before the close of the polls;
(38) The accessibility of polling places and registration
facilities that are accessible to elderly and disabled persons;
(39) The aggregation of precinct results if reporting the results
of a single precinct could jeopardize the secrecy of a person's ballot;
(40) Procedures for conducting a statutory recount;
(41) Procedures for filling vacancies in congressional offices if
the general statutory time requirements for availability of absentee
ballots, certification, canvassing, and related procedures cannot be
met;
(42) Procedures for the statistical sampling of signatures for
purposes of verifying and canvassing signatures on initiative,
referendum, and recall election petitions;
(43) Standards and deadlines for submitting material to the office
of the secretary of state for the voters' pamphlet;
(44) Deadlines for the filing of ballot titles for referendum bills
and constitutional amendments if none have been provided by the
legislature;
(45) Procedures for the publication of a state voters' pamphlet;
((and))
(46) Procedures for conducting special elections regarding nuclear
waste sites if the general statutory time requirements for availability
of absentee ballots, certification, canvassing, and related procedures
cannot be met;
(47) Standards and procedures for the proper conduct of voting
during the early voting period to provide accessability for the blind
or visually impaired;
(48) Standards for voting technology and systems used by the state
or any political subdivision to be accessible for individuals with
disabilities, including nonvisual accessibility for the blind and
visually impaired, in a manner that provides the same opportunity for
access and participation, including privacy and independence, as other
voters;
(49) All data formats for transferring voter registration data on
electronic or machine-readable media for the purpose of administering
the statewide voter registration list required by the Help America Vote
Act (P.L. 107-252);
(50) Defining the interaction of electronic voter registration
election management systems employed by each county auditor to maintain
a local copy of each county's portion of the official state list of
registered voters;
(51) Provisions and procedures to implement the state based
administrative complaint procedure as required by the Help America Vote
Act (P.L. 107-252); and
(52) Facilitating the payment of local government grants to local
government election officers or vendors.
NEW SECTION. Sec. 703 The following acts or parts of acts are
each repealed:
(1) RCW 29A.04.181 (Voting system, device, tallying system) and
2003 c 111 s 131;
(2) RCW 29A.08.530 (Weekly report of cancellations and name
changes) and 2003 c 111 s 234, 1999 c 298 s 8, 1994 c 57 s 43, 1971
ex.s. c 202 s 31, & 1965 c 9 s 29.10.100;
(3) RCW 29A.08.645 (Electronic file format) and 2003 c 111 s 244 &
1999 c 100 s 5;
(4) RCW 29A.08.650 (Voter registration data base) and 2003 c 111 s
245 & 2002 c 21 s 2; and
(5) RCW 29A.08.750 (Computer file of registered voters -- County
records to secretary of state -- Reimbursement) and 2003 c 111 s 250.
NEW SECTION. Sec. 704 (1) Sections 105 and 134 through 136 of
this act are each added to chapter
(2) Sections 201 through 203, 401, and 501 of this act are each
added to chapter 29A.04 RCW.
NEW SECTION. Sec. 705 Sections 301 through 315 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 706 (1) Sections 101 through 103, 105, and 114
through 117 of this act are necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government
and its existing public institutions, and take effect immediately.
(2) Sections 112, 201 through 203, 401, 501, and 702 of this act
take effect July 1, 2004.
(3) Sections 301 through 321 of this act take effect January 1,
2005.
(4) Sections 104, 106 through 111, 113, 118 through 136, 601, and
701 of this act take effect January 1, 2006.
NEW SECTION. Sec. 707 Part headings used in this act constitute
no part of the law.