READ FIRST TIME 02/10/04.   

     AN ACT Relating to implementing the requirements of the Help America Vote Act; 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, 11.88.010, 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.84 RCW; adding new sections to chapter 29A.04 RCW; adding new sections 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; prescribing penalties; providing effective dates; providing an expiration date; and declaring an emergency.

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

NEW SECTION.  Sec. 101   (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.
     (2) The computerized list must serve as the single system for storing and maintaining the official list of registered voters throughout the state.
     (3) The computerized list must contain the name and registration information of every legally registered voter in the state.
     (4) Under the computerized list, a unique identifier is assigned to each legally registered voter in the state.
     (5) The computerized list must be coordinated with other agency data bases within the state, including but not limited to the department of corrections, the department of licensing, and the department of health.
     (6) Any election officer in the state, including any local election officer, may obtain immediate electronic access to the information contained in the computerized list.
     (7) All voter registration information obtained by any local election officer 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 officer.
     (8) The chief state election officer shall provide support, as may be required, so that local election officers are able to enter information as described in subsection (3) of this section.
     (9) The computerized list serves as the official voter registration list for the conduct of all elections.
     (10) The secretary of state has data authority on all voter registration data.
     (11) 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.

Sec. 102   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, Washington state identification card, 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 language 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. 103   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. 104   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. 105   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. 106   (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. 107   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 verified 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. 108   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. 109   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. 110   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)) all 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. 111   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. 112   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. 113   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 his or her 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 his or her 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. 114   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. 115   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.
     (3))) 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.
     (((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. 116   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. 117   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. 118   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 or secretary of state 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. 119   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. 120   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. 121   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. 122   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. 123   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. 124   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.

NEW SECTION.  Sec. 125   Upon receiving official notice that a court has imposed a guardianship for an incapacitated person and has determined that the person is incompetent for the purpose of rationally exercising the right to vote, under chapter 11.88 RCW, if the incapacitated person is a registered voter in the county, the county auditor shall cancel the incapacitated person's voter registration.

Sec. 126   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. The canceling authority shall send notice of the proposed cancellation to the person at his or her last known voter registration address.

Sec. 127   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)) must be 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.))

Sec. 128   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. 129   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 an ongoing 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 exists 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. 130   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. 131   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. 132   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. 133   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. 134   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. 135   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. 136   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. 137   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. 138   Any state or local election officer, or a designee, who has access to any county or statewide voter registration data base who knowingly uses or alters information in the data base inconsistent with the performance of his or her duties is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 139   RCW 11.88.010 and 1991 c 289 s 1 are each amended to read as follows:
     (1) The superior court of each county shall have power to appoint guardians for the persons and/or estates of incapacitated persons, and guardians for the estates of nonresidents of the state who have property in the county needing care and attention.
     (a) For purposes of this chapter, a person may be deemed incapacitated as to person when the superior court determines the individual has a significant risk of personal harm based upon a demonstrated inability to adequately provide for nutrition, health, housing, or physical safety.
     (b) For purposes of this chapter, a person may be deemed incapacitated as to the person's estate when the superior court determines the individual is at significant risk of financial harm based upon a demonstrated inability to adequately manage property or financial affairs.
     (c) A determination of incapacity is a legal not a medical decision, based upon a demonstration of management insufficiencies over time in the area of person or estate. Age, eccentricity, poverty, or medical diagnosis alone shall not be sufficient to justify a finding of incapacity.
     (d) A person may also be determined incapacitated if he or she is under the age of majority as defined in RCW 26.28.010.
     (e) For purposes of giving informed consent for health care pursuant to RCW 7.70.050 and 7.70.065, an "incompetent" person is any person who is (i) incompetent by reason of mental illness, developmental disability, senility, habitual drunkenness, excessive use of drugs, or other mental incapacity, of either managing his or her property or caring for himself or herself, or both, or (ii) incapacitated as defined in (a), (b), or (d) of this subsection.
     (f) For purposes of the terms "incompetent," "disabled," or "not legally competent," as those terms are used in the Revised Code of Washington to apply to persons incapacitated under this chapter, those terms shall be interpreted to mean "incapacitated" persons for purposes of this chapter.
     (2) The superior court for each county shall have power to appoint limited guardians for the persons and estates, or either thereof, of incapacitated persons, who by reason of their incapacity have need for protection and assistance, but who are capable of managing some of their personal and financial affairs. After considering all evidence presented as a result of such investigation, the court shall impose, by order, only such specific limitations and restrictions on an incapacitated person to be placed under a limited guardianship as the court finds necessary for such person's protection and assistance. A person shall not be presumed to be incapacitated nor shall a person lose any legal rights or suffer any legal disabilities as the result of being placed under a limited guardianship, except as to those rights and disabilities specifically set forth in the court order establishing such a limited guardianship. In addition, the court order shall state the period of time for which it shall be applicable.
     (3) Venue for petitions for guardianship or limited guardianship shall lie in the county wherein the alleged incapacitated person is domiciled, or if such person resides in a facility supported in whole or in part by local, state, or federal funding sources, in either the county where the facility is located, the county of domicile prior to residence in the supported facility, or the county where a parent or spouse of the alleged incapacitated person is domiciled.
     If the alleged incapacitated person's residency has changed within one year of the filing of the petition, any interested person may move for a change of venue for any proceedings seeking the appointment of a guardian or a limited guardian under this chapter to the county of the alleged incapacitated person's last place of residence of one year or more. The motion shall be granted when it appears to the court that such venue would be in the best interests of the alleged incapacitated person and would promote more complete consideration of all relevant matters.
     (4) Under RCW 11.94.010, a principal may nominate, by a durable power of attorney, the guardian or limited guardian of his or her estate or person for consideration by the court if guardianship proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.
     (5) When a court imposes a full guardianship for an incapacitated person, the person shall be considered incompetent for purposes of rationally exercising the right to vote and shall lose the right to vote, unless the court specifically finds that the person is rationally capable of exercising the franchise. Imposition of a limited guardianship for an incapacitated person shall not result in the loss of the right to vote unless the court determines that the person is incompetent for purposes of rationally exercising the franchise. When a court determines that the person is incompetent for the purpose of rationally exercising the right to vote, the court shall notify the appropriate county auditor.

NEW SECTION.  Sec. 140   In developing the technical standards of data formats for transferring voter registration data, the secretary shall consult with the information services board. The board shall review and make recommendations regarding proposed technical standards prior to implementation.

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 48, 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   "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   "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   "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 at locations that are acceptable and comply with federal and state access requirements.

NEW SECTION.  Sec. 307   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. 308   (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 29A.44.050, 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. 309   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. 310   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 29A.08.810 and 29A.08.820 apply to that voter.

NEW SECTION.  Sec. 311   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. 312   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. 313   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. 314   (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. 315   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. 316   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. 317   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. 318   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. 319   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 county election procedures so provide, the election officers may tear off and retain the numbered stub from the ballot before delivering the ballot to the voter. If an election officer has not already done so, 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. 320   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. 321   In developing technical standards for voting technology and systems to be accessible for individuals with disabilities, the secretary shall consult with the information services board. The board shall review and make recommendations regarding proposed technical standards prior to implementation.

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   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 from the voting system;
     (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.
     (2))) 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.
     (((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; and
     (4) RCW 29A.08.650 (Voter registration data base) and 2003 c 111 s 245 & 2002 c 21 s 2.

NEW SECTION.  Sec. 704   RCW 29A.08.750 (Computer file of registered voters -- County records to secretary of state -- Reimbursement) and 2003 c 111 s 250 are each repealed.

NEW SECTION.  Sec. 705   (1) Sections 101, 106, 125, 136, 137, and 140 of this act are each added to chapter 29A.08 RCW.
     (2) Sections 201 through 203, 401, and 501 of this act are each added to chapter 29A.04 RCW.
     (3) Sections 138 and 309 of this act are each added to chapter 29A.84 RCW.
     (4) Sections 321 and 601 of this act are each added to chapter 29A.12 RCW.

NEW SECTION.  Sec. 706   Sections 301 through 308 and 310 through 314 of this act constitute a new chapter in Title 29A RCW.

NEW SECTION.  Sec. 707   (1) Sections 103, 104, and 115 through 118 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 119, 140, 201 through 203, 321, 401, 501, and 702 of this act take effect July 1, 2004.
     (3) Sections 301 through 320 of this act take effect January 1, 2005.
     (4) Sections 101, 102, 105 through 114, 120 through 139, 601, 701, and 704 of this act take effect January 1, 2006.

NEW SECTION.  Sec. 708   Part headings used in this act are not any part of the law.