Read first time 01/20/2004.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to reorganization of statutes on elections; amending RCW 29A.04.255, 29A.04.330, 29A.08.320, 29A.08.620, 29A.08.720, 29A.16.040, 29A.20.020, 29A.60.030, 29A.60.080, and 29A.60.190; reenacting and amending RCW 29A.84.240; reenacting RCW 29.04.075, 29.04.260, 29.33.305, 29.79.075, 29A.32.120, 29A.40.070, 29A.48.010, 29A.48.020, and 29A.84.270; adding new sections to chapter 29A.04 RCW; adding a new section to chapter 29A.12 RCW; adding a new section to chapter 29A.72 RCW; recodifying RCW 29.04.075 and 29.04.260, 29.33.305, and 29.79.075; repealing RCW 29.51.215; and providing an effective date.

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

Sec. 1   RCW 29.04.075 and 2003 c 109 s 1 are each reenacted to read as follows:
     The secretary of state, or any staff of the elections division of the office of secretary of state, may make unannounced on-site visits to county election offices and facilities to observe the handling, processing, counting, or tabulation of ballots.

Sec. 2   RCW 29.04.260 and 2003 c 48 s 1 are each reenacted to read as follows:
     (1) The election account is created in the state treasury.
     (2) The following receipts must be deposited into the account:
Amounts received from the federal government under Public Law 107-252 (October 29, 2002), known as the "Help America Vote Act of 2002," including any amounts received under subsequent amendments to the act;
amounts appropriated or otherwise made available by the state legislature for the purposes of carrying out activities for which federal funds are provided to the state under Public Law 107-252, including any amounts received under subsequent amendments to the act;
and such other amounts as may be appropriated by the legislature to the account.
     (3) Moneys in the account may be spent only after appropriation. Expenditures from the account may be made only to facilitate the implementation of Public Law 107-252.

Sec. 3   RCW 29.33.305 and 2003 c 110 s 1 are each reenacted 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) 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) Compliance with subsections (2) and (3) of this section is contingent on available funds to implement this provision.
     (5) 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) This section does not apply to voting by absentee ballot.

Sec. 4   RCW 29.79.075 and 2002 c 139 s 1 are each reenacted to read as follows:
     The office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency, shall prepare a fiscal impact statement for each of the following state ballot measures: (1) An initiative to the people that is certified to the ballot; (2) an initiative to the legislature that will appear on the ballot; (3) an alternative measure appearing on the ballot that the legislature proposes to an initiative to the legislature; (4) a referendum bill referred to voters by the legislature; and (5) a referendum measure appearing on the ballot. Fiscal impact statements must be written in clear and concise language and avoid legal and technical terms when possible, and may include easily understood graphics.
     A fiscal impact statement must describe any projected increase or decrease in revenues, costs, expenditures, or indebtedness that the state or local governments will experience if the ballot measure were approved by state voters. Where appropriate, a fiscal impact statement may include both estimated dollar amounts and a description placing the estimated dollar amounts into context. A fiscal impact statement must include both a summary of not to exceed one hundred words and a more detailed statement that includes the assumptions that were made to develop the fiscal impacts.
     Fiscal impact statements must be available online from the secretary of state's web site and included in the state voters' pamphlet.

Sec. 5   RCW 29A.04.255 and 2003 c 111 s 142 are each amended to read as follows:
     The secretary of state or a county auditor shall accept and file in his or her office electronic facsimile transmissions of the following documents:
     (1) Declarations of candidacy;
     (2) County canvass reports;
     (3) Voters' pamphlet statements;
     (4) Arguments for and against ballot measures that will appear in a voters' pamphlet;
     (5) Requests for recounts;
     (6) Certification of candidates and measures by the secretary of state;
     (7) Direction by the secretary of state for the conduct of a mandatory recount;
     (8) Requests for absentee ballots;
     (9) Any other election related document authorized by rule adopted by the secretary of state under RCW ((29.04.235)) 29A.04.610.
     The acceptance by the secretary of state or the county auditor is conditional upon the document being filed in a timely manner, being legible, and otherwise satisfying the requirements of state law or rules with respect to form and content.
     If the original copy of a document must be signed and a copy of the document is filed by facsimile transmission under this section, the original copy must be subsequently filed with the official with whom the facsimile was filed. The original copy must be filed by a deadline established by the secretary by rule. The secretary may by rule require that the original of any document, a copy of which is filed by facsimile transmission under this section, also be filed by a deadline established by the secretary by rule.

Sec. 6   RCW 29A.04.330 and 2003 c 111 s 145 are each amended to read as follows:
     (1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years.
     This section shall not apply to:
     (a) Elections for the recall of any elective public officer;
     (b) Public utility districts, conservation districts, or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;
     (c) Consolidation proposals as provided for in RCW ((28A.315.265)) 28A.315.235 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.
     (2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor at least forty-five days prior to the proposed election date, may, if the county auditor deems an emergency to exist, call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. Except as provided in subsection (3) of this section, such a special election shall be held on one of the following dates as decided by the governing body:
     (a) The first Tuesday after the first Monday in February;
     (b) The second Tuesday in March;
     (c) The fourth Tuesday in April;
     (d) The third Tuesday in May;
     (e) The day of the primary election as specified by RCW 29A.04.310; or
     (f) The first Tuesday after the first Monday in November.
     (3) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29A.56 RCW, the date on which a special election may be called under subsection (2) of this section during the month of that primary is the date of the presidential primary.
     (4) In addition to subsection (2)(a) through (f) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire, flood, earthquake, or other act of God, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2)(e) and (f) of this section. Such special election shall be conducted and notice thereof given in the manner provided by law.
     (5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections.

Sec. 7   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 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. 8   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; 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.

Sec. 9   RCW 29A.08.720 and 2003 c 111 s 247 are each amended to read as follows:
     (1) In the case of voter registration records received through the department of licensing, the identity of the office at which any particular individual registered to vote is not available for public inspection and shall not be disclosed to the public. In the case of voter registration records received through an agency designated under RCW ((29.07.420)) 29A.08.310, the identity of the agency at which any particular individual registered to vote is not available for public inspection and shall not be disclosed to the public. Any record of a particular individual's choice not to register to vote at an office of the department of licensing or a state agency designated under RCW ((29.07.420)) 29A.08.310 is not available for public inspection and any information regarding such a choice by a particular individual shall not be disclosed to the public.
     (2) All poll books or current lists of registered voters, except original voter registration forms or their images, shall be public records and be made available for inspection under such reasonable rules and regulations as the county auditor may prescribe. The county auditor shall promptly furnish current lists or mailing labels of registered voters in his or her possession, at actual reproduction cost, to any person requesting such information. The lists and labels shall not be used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. However, the lists and labels may be used for any political purpose.

Sec. 10   RCW 29A.16.040 and 2003 c 111 s 404 are each amended to read as follows:
     The county legislative authority of each county in the state hereafter formed shall, at their first session, divide their respective counties into election precincts and establish the boundaries of the precincts. The county auditor shall thereupon designate the voting place for each such precinct or whether the precinct is a vote by mail precinct.
     (1) Precinct boundaries may be altered at any time as long as sufficient time exists prior to a given election for the necessary procedural steps to be honored. Except as permitted under subsection (((4))) (5) of this section, no precinct boundaries may be changed during the period starting on the thirtieth day prior to the first day for candidates to file for the primary election and ending with the day of the general election.
     (2) The county legislative authority may establish by ordinance a limitation on the maximum number of active registered voters in each precinct within its jurisdiction. The limitation may be different for precincts based upon the method of voting used for such precincts and the number may be less than the number established by law, but in no case may the number exceed that authorized by law.
     (3) Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred active registered voters. The number of poll-site ballot counting devices at each polling place is at the discretion of the auditor. The number of devices must be adequate to meet the expected voter turnout.
     (((3))) (4) On petition of twenty-five or more voters resident more than ten miles from any polling site, the county legislative authority shall establish a separate voting precinct therefor.
     (((4))) (5) The county auditor shall temporarily adjust precinct boundaries when a city or town annexes unincorporated territory to the city or town, or whenever unincorporated territory is incorporated as a city or town. The adjustment must be made as soon as possible after the approval of the annexation or incorporation. The temporary adjustment must be limited to the minimum changes necessary to accommodate the addition of the territory to the city or town, or to establish the eligible voters within the boundaries of the new city or town, and remains in effect only until precinct boundary modifications reflecting the annexation or incorporation are adopted by the county legislative authority.
     ((The county legislative authority may establish by ordinance a limitation on the maximum number of active registered voters in each precinct within its jurisdiction. The limitation may be different for precincts based upon the method of voting used for such precincts and the number may be less than the number established by law, but in no case may the number exceed that authorized by law.
     The county legislative authority of each county in the state hereafter formed shall, at their first session, divide their respective counties into election precincts and establish the boundaries of the precincts. The county auditor shall thereupon designate the voting place for each such precinct or whether the precinct is a vote by mail precinct.
     (5))) (6) In determining the number of active registered voters for the purposes of this section, persons who are ongoing absentee voters under RCW 29A.40.040 shall not be counted. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29A.60.230.

Sec. 11   RCW 29A.20.020 and 2003 c 111 s 502 are each amended to read as follows:
     (1) A person filing a declaration of candidacy for an office shall, at the time of filing, be a registered voter and possess the qualifications specified by law for persons who may be elected to the office.
     (2) Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, no person may file for more than one office.
     (3) The name of a candidate for an office shall not appear on a ballot for that office unless, except as provided in RCW 3.46.067 and 3.50.057, the candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to vote in the geographic area represented by the office. For the purposes of this section, each geographic area in which registered voters may cast ballots for an office is represented by that office. If a person elected to an office must be nominated from a district or similar division of the geographic area represented by the office, the name of a candidate for the office shall not appear on a primary ballot for that office unless the candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to vote in that district or division. The officer with whom declarations of candidacy must be filed under this title shall review each such declaration filed regarding compliance with this subsection.
     (4) ((This section does)) The requirements of voter registration and residence within the geographic area of a district do not apply to ((the)) candidates for congressional office ((of a member of)). Qualifications for the United States Congress are specified in the United States Constitution.

Sec. 12   RCW 29A.32.120 and 2003 c 254 s 6 and 2003 c 111 s 812 are each reenacted to read as follows:
     (1) The maximum number of words for statements submitted by candidates is as follows: State representative, one hundred words; state senator, judge of the superior court, judge of the court of appeals, justice of the supreme court, and all state offices voted upon throughout the state, except that of governor, two hundred words; president and vice president, United States senator, United States representative, and governor, three hundred words.
     (2) Arguments written by committees under RCW 29A.32.060 may not exceed two hundred fifty words in length.
     (3) Rebuttal arguments written by committees may not exceed seventy-five words in length.
     (4) The secretary of state shall allocate space in the pamphlet based on the number of candidates or nominees for each office.

Sec. 13   RCW 29A.40.070 and 2003 c 162 s 2 and 2003 c 111 s 1007 are each reenacted to read as follows:
     (1) Except where a recount or litigation under RCW 29A.68.010 is pending, the county auditor shall have sufficient absentee ballots available for absentee voters of that county at least twenty days before any primary, general election, or special election. The county auditor must mail absentee ballots to each voter for whom the county auditor has received a request nineteen days before the primary or election at least eighteen days before the primary or election. For a request for an absentee ballot received after the nineteenth day before the primary or election, the county auditor shall make every effort to mail ballots within one business day, and shall mail the ballots within two business days.
     (2) The county auditor shall make every effort to mail ballots to overseas and service voters earlier than eighteen days before a primary or election.
     (3) Each county auditor shall certify to the office of the secretary of state the dates the ballots prescribed in subsection (1) of this section were available and mailed.
     (4) If absentee ballots will not be available or mailed as prescribed in subsection (1) of this section, the county auditor shall immediately certify to the office of the secretary of state when absentee ballots will be available and mailed. Copies of this certification must be provided to the county canvassing board, the press, jurisdictions with issues on the ballot in the election, and any candidates.
     (5) If absentee ballots were not available or mailed as prescribed in subsection (1) of this section, for a reason other than a recount or litigation, the county auditor, in consultation with the certification and training program of the office of the secretary of state, shall submit a report to the office of the secretary of state outlining why the deadline was missed and what corrective actions will be taken in future elections to ensure that absentee ballots are available and mailed as prescribed in subsection (1) of this section.
     (6) Failure to have absentee ballots available and mailed as prescribed in subsection (1) of this section does not by itself provide a basis for an election contest or other legal challenge to the results of a primary, general election, or special election.

Sec. 14   RCW 29A.48.010 and 2003 c 162 s 3 and 2003 c 111 s 1201 are each reenacted to read as follows:
     The county auditor may designate any precinct having fewer than two hundred active registered voters at the time of closing of voter registration as provided in RCW 29A.08.140 as a mail ballot precinct. The county auditor shall notify each registered voter by mail that for all future primaries and elections the voting in his or her precinct will be by mail ballot only. In determining the number of registered voters in a precinct for the purposes of this section, persons who are ongoing absentee voters under RCW 29A.40.040 shall not be counted. Nothing in this section may be construed as altering the vote tallying requirements of RCW 29A.60.230.
     The auditor shall mail each active voter a ballot at least eighteen days before a primary, general election, or special election. The auditor shall send each inactive voter either a ballot or an application to receive a ballot at least eighteen days before a primary, general election, or special election. The auditor shall determine which of the two is to be sent. If the inactive voter returns a voted ballot, the ballot shall be counted and the voter's status restored to active. If the inactive voter completes and returns an application, a ballot shall be sent and the voter's status restored to active. The requirements regarding certification, reporting, and the mailing of overseas and military ballots in RCW 29.36.270 apply to mail ballot precincts.
     If the precinct exceeds two hundred registered voters, or the auditor determines to return to a polling place election environment, the auditor shall notify each registered voter, by mail, of this and shall provide the address of the polling place to be used.

Sec. 15   RCW 29A.48.020 and 2003 c 162 s 4 and 2003 c 111 s 1202 are each reenacted to read as follows:
     At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29A.04.320 or 29A.04.330 may also request that the special election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.
     For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than eighteen days before the date of such election, mail to each registered voter a mail ballot. The auditor shall handle inactive voters in the same manner as inactive voters in mail ballot precincts. The requirements regarding certification, reporting, and the mailing of overseas and military ballots in RCW 29.36.270 apply to mail ballot elections.

Sec. 16   RCW 29A.60.030 and 2003 c 111 s 1503 are each amended to read as follows:
     Except as provided by rule under RCW ((29.04.210)) 29A.04.610, on the day of the primary or election, the tabulation of ballots at the polling place or at the counting center shall proceed without interruption or adjournment until all of the ballots cast at the polls at that primary or election have been tabulated.

Sec. 17   RCW 29A.60.080 and 2003 c 111 s 1508 are each amended to read as follows:
     Except for reopening to make a recanvass, the registering mechanism of each mechanical voting device used in any primary or election shall remain sealed until ten days after the completion of the canvass of that primary or election in that county. Except where provided by a rule adopted under RCW ((29.04.210)) 29A.04.610, voting devices used in a primary or election shall remain sealed until ten days after the completion of the canvass of that primary or election in that county.

Sec. 18   RCW 29A.60.190 and 2003 c 111 s 1519 are each amended to read as follows:
     (1) On the tenth day after a special election or primary and on the fifteenth day after a general election, the county canvassing board shall complete the canvass and certify the results. Each absentee ballot that was returned before the closing of the polls on the date of the primary or election for which it was issued, and each absentee ballot with a postmark on or before the date of the primary or election for which it was issued and received on or before the date on which the primary or election is certified, must be included in the canvass report.
     (2) At the request of a caucus of the state legislature, the county auditor shall transmit copies of all unofficial returns of state and legislative primaries or elections prepared by or for the county canvassing board to either the secretary of the senate or the chief clerk of the house ((or [of])) of representatives.

Sec. 19   RCW 29A.84.240 and 2003 c 111 s 2112 and 2003 c 53 s 183 are each reenacted and amended to read as follows:
     (1) Every person who signs a recall petition with any other than his or her true name is guilty of a class B felony punishable according to chapter 9A.20 RCW.
     (2) Every person who knowingly (a) signs more than one petition for the same recall, (b) signs a recall petition when he or she is not a legal voter, or (c) makes a false statement as to ((his or her)) residence on any recall petition is guilty of a gross misdemeanor.
     (3) Every registration officer who makes any false report or certificate on any recall petition is guilty of a gross misdemeanor.

Sec. 20   RCW 29A.84.270 and 2003 c 111 s 2115 and 2003 c 53 s 178 are each reenacted to read as follows:
     Any person who with intent to mislead or confuse the electors conspires with another person who has a surname similar to an incumbent seeking reelection to the same office, or to an opponent for the same office whose political reputation has been well established, by persuading such other person to file for such office with no intention of being elected, but to defeat the incumbent or the well known opponent, is guilty of a class B felony punishable according to chapter 9A.20 RCW. In addition, all conspirators are subject to a suit for civil damages, the amount of which may not exceed the salary that the injured person would have received had he or she been elected or reelected.

NEW SECTION.  Sec. 21   RCW 29.51.215 and 2003 c 111 s 2135 are each repealed.

NEW SECTION.  Sec. 22   RCW 29.04.075 and 29.04.260 are each recodified as sections in chapter 29A.04 RCW.

NEW SECTION.  Sec. 23   RCW 29.33.305 is recodified as a section in chapter 29A.12 RCW.

NEW SECTION.  Sec. 24   RCW 29.79.075 is recodified as a section in chapter 29A.72 RCW.

NEW SECTION.  Sec. 25   This act takes effect July 1, 2004.