READ FIRST TIME 02/25/05.   

     AN ACT Relating to voter registration procedures; amending RCW 29A.08.010, 29A.08.030, 29A.08.107, 29A.08.110, 29A.08.115, 29A.08.125, 29A.08.145, 29A.08.210, 29A.08.250, 29A.08.330, 29A.08.520, 29A.08.651, 29A.08.710, 29A.08.720, 29A.08.775, 29A.40.091, 29A.84.140, 46.20.118, and 46.20.155; reenacting and amending RCW 29A.08.740; adding a new section to chapter 10.64 RCW; adding new sections to chapter 29A.08 RCW; repealing RCW 29A.08.155 and 29A.08.730; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 10.64 RCW to read as follows:
     When a person is convicted of a felony, the court shall require the defendant to sign a statement acknowledging that:
     (1) The defendant's right to vote has been lost due to the felony conviction;
     (2) If the defendant is registered to vote, the voter registration will be canceled;
     (3) The right to vote may be restored by:
     (a) A certificate of discharge issued by the sentencing court, as provided in RCW 9.94A.637;
     (b) A court order issued by the sentencing court restoring the right, as provided in RCW 9.92.066;
     (c) A final order of discharge issued by the indeterminate sentence review board, as provided in RCW 9.96.050; or
     (d) A certificate of restoration issued by the governor, as provided in RCW 9.96.020; and
     (4) Voting before the right is restored is a class C felony under RCW 29A.84.660.

Sec. 2   RCW 29A.08.010 and 2004 c 267 s 102 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)):
     (1) Name((, complete residence));
     (2) Residential address((,));
     (3) Date of birth((,));
     (4) Washington state driver's license number((,)) or Washington state identification card number, or the last four digits of the applicant's Social Security number((,)) if the applicant does not have a Washington state driver's license or Washington state identification card;
     (5) A signature attesting to the truth of the information provided on the application((,)); and
     (6) 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, state identification card, or Social Security number, the registrant must be issued a unique voter registration number ((and)) in order to be 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. 3   RCW 29A.08.030 and 2004 c 267 s 104 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. The verification notice must be designed to include a postage prepaid, preaddressed return form by which the applicant may verify or send information.
     (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)) to include a postage prepaid, preaddressed return form by which the registrant may verify the address information.

Sec. 4   RCW 29A.08.107 and 2004 c 267 s 106 are each amended to read as follows:
     (1) The secretary of state must review the information provided by each voter registration applicant to ensure that ((either)) the provided driver's license number, state identification card 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 or county auditor 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)) forty-five days, the applicant will not be registered to vote. 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)) the provided driver's license number, state identification card 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, state identification card number, or Social Security number may the applicant be placed on the official list of registered voters.
     (4) 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.

Sec. 5   RCW 29A.08.110 and 2004 c 267 s 107 are each amended to read as follows:
     (1) ((On receipt of an application for voter registration, the county auditor shall review the application to determine whether the information supplied is complete.)) An application 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, a mark in the check-off box confirming United States citizenship, and an indication ((the license information)) that the provided driver's license number, state identification card number, 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 within forty-five days or is returned as undeliverable ((the auditor shall not place)), the name of the applicant shall not be placed on the ((county voter)) official list of registered voters. If the applicant provides the required verified information, the applicant shall be registered to vote as of the original date of mailing ((of the original voter registration application)) or date of delivery, whichever is applicable.
     (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 original date of mailing or date of delivery, whichever is applicable. 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 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.
     (4))) (3) 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.

NEW SECTION.  Sec. 6   A new section is added to chapter 29A.08 RCW to read as follows:
     No person registering to vote, who meets all the qualifications of a registered voter in the state of Washington, shall be disqualified because of a nontraditional address being used as a residence address. Voters using such an address will be registered and assigned to a precinct based on the location provided. Voters without a traditional address will be registered at the county courthouse, city hall, or other public building near the area that the voter considers his or her residence. Registering at a nontraditional address will not disqualify a voter from requesting ongoing absentee voter status if the voter designates a valid mailing address.
     For the purposes of this section, "nontraditional address" includes shelters, parks, or other identifiable locations that the voter deems to be his or her residence.

NEW SECTION.  Sec. 7   A new section is added to chapter 29A.08 RCW to read as follows:
     (1) If a voter who registered by mail indicates on the voter registration form that he or she does not have a Washington state driver's license, Washington state identification card, or Social Security number, he or she must provide one of the following forms of identification the first time he or she votes after registering:
     (a) Valid photo identification;
     (b) A valid enrollment card of a federally recognized Indian tribe in Washington state;
     (c) A copy of a current utility bill;
     (d) A current bank statement;
     (e) A copy of a current government check;
     (f) A copy of a current paycheck; or
     (g) A government document that shows both the name and address of the voter.
     (2) If the voter fails to provide one of the above forms of identification prior to or at the time of voting, the ballot must be treated as a provisional ballot regardless of whether the voter is voting at a poll site or by mail. The ballot may only be counted if the voter's signature on the outside envelope matches the signature in the voter registration records.
     (3) The requirements of this section do not apply to an out-of-state, overseas, or service voter who registers to vote by signing the return envelope of the absentee ballot.

Sec. 8   RCW 29A.08.115 and 2004 c 267 s 108 are each amended to read as follows:
     A person or organization collecting voter registration application forms must transmit the forms to the secretary of state or a ((designee)) county auditor at least once weekly. The registration date on such forms will be the date they are received by the secretary of state or county auditor.

Sec. 9   RCW 29A.08.125 and 2004 c 267 s 110 are each amended to read as follows:
     (1) Each county auditor shall maintain a computer file containing a copy of each record of all registered voters within the county contained on the official statewide voter registration list for that county.
     (2) The secretary of state shall at least quarterly review and update the records of all registered voters on the official statewide voter registration data base to make additions and corrections.
     (3) 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.
     (4) The county auditor shall subsequently record each consecutive date upon which the individual has voted and retain all such consecutive dates.

Sec. 10   RCW 29A.08.145 and 2004 c 267 s 113 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 state may register to vote or change his or her registration address in person in the office of the county auditor of the county in which the applicant resides, or at a voter registration location specifically designated for this purpose by the county auditor ((of the county in which the applicant resides)) or secretary of state, 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. 11   RCW 29A.08.210 and 2003 c 111 s 216 are each amended to read as follows:
     An applicant for voter registration shall complete an application providing the following information concerning his or her qualifications as a voter in this state:
     (1) The address of the last former registration of the applicant as a voter in the state;
     (2) The applicant's full name;
     (3) The applicant's date of birth;
     (4) The address of the applicant's residence for voting purposes;
     (5) The mailing address of the applicant if that address is not the same as the address in subsection (4) of this section;
     (6) The sex of the applicant;
     (7) The applicant's Washington state driver's license number or Washington state identification card number, or the last four digits of the applicant's Social Security number if he or she does not have a Washington state driver's license or Washington state identification card;
     (8) A check box for the applicant to indicate that he or she does not have a Washington state driver's license, Washington state identification card, or Social Security number;
     (9) A check box allowing the applicant to indicate that he or she is a member of the armed forces, national guard, or reserves, or that he or she is an overseas voter;
     (10) A check box allowing the applicant to confirm that he or she is at least eighteen years of age;
     (11) Clear and conspicuous language, designed to draw the applicant's attention, stating that the applicant must be a United States citizen in order to register to vote;
     (12) A check box and declaration confirming that the applicant is a citizen of the United States;
     (((8))) (13) The following warning:
     "If you knowingly provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class C felony that is punishable by imprisonment for up to five years, a fine of up to ten thousand dollars, or both."
     (14) The following affirmation by the applicant:
     "By signing this document, I hereby assert, under penalty of perjury, that I am legally eligible to vote. If I am found to have voted illegally, I may be prosecuted and/or fined for this illegal act. In addition, I hereby acknowledge that my name and last known address will be forwarded to the appropriate state and/or federal authorities if I am found to have voted illegally."
     (15) The oath required by RCW 29A.08.230 and a space for the applicant's signature; and
     (((9))) (16) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.
     This information shall be recorded on a single registration form to be prescribed by the secretary of state.
     If the applicant fails to provide the information required for voter registration, the auditor shall send the applicant a verification notice. The ((auditor shall not register the)) applicant may not be registered until the required information is provided. If a verification notice is returned as undeliverable or the applicant fails to respond to the notice within forty-five days, the ((auditor shall not register the)) applicant shall not be registered to vote.
     ((The following warning shall appear in a conspicuous place on the voter registration form:

     "If you knowingly provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine of up to ten thousand dollars, or both imprisonment and fine."))

NEW SECTION.  Sec. 12   A new section is added to chapter 29A.08 RCW to read as follows:
     (1) When a felony offender has completed all the requirements of his or her sentence, the county clerk shall immediately transmit this information to the secretary of state along with information about the county where the conviction occurred and the county that is the last known residence of the offender. The secretary of state shall maintain such records as part of the elections data base.
     (2) If the offender has completed all the requirements of all of his or her sentences for all of his or her felony convictions, the secretary of state shall transmit information about the restoration of the former felon's voting rights to the county auditor where the conviction took place and, if different, the county where the felon was last known to reside.

Sec. 13   RCW 29A.08.250 and 2004 c 267 s 117 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. 14   RCW 29A.08.330 and 2003 c 111 s 224 are each amended to read as follows:
     (1) The secretary of state shall prescribe the method of voter registration for each designated agency. The agency shall use either the state voter registration by mail form with a separate declination form for the applicant to indicate that he or she declines to register at this time, or the agency may use a separate form approved for use by the secretary of state.
     (2) The person providing service at the agency shall offer voter registration services to every client whenever he or she applies for service or assistance and with each renewal, recertification, or change of address. The person providing service shall give the applicant the same level of assistance with the voter registration application as is offered to fill out the agency's forms and documents, including information about age and citizenship requirements for voter registration.
     (3) The person providing service at the agency shall determine if the prospective applicant wants to register to vote or transfer his or her voter registration by asking the following question:

     "Do you want to register to vote or transfer your voter registration?"

     If the applicant chooses to register or transfer a registration, the service agent shall ask the following:

     (a) "Are you a United States citizen?"
     (b) "Are you or will you be eighteen years of age on or before the next election?"

     If the applicant answers in the affirmative to both questions, the agent shall then provide the applicant with a voter registration form and instructions and shall record that the applicant has requested to register to vote or transfer a voter registration. If the applicant answers in the negative to either question, the agent shall not provide the applicant with a voter registration form.
     (4) If an agency uses a computerized application process, it may, in consultation with the secretary of state, develop methods to capture simultaneously the information required for voter registration during a person's computerized application process.
     (((4))) (5) Each designated agency shall provide for the voter registration application forms to be collected from each agency office at least once each week. The agency shall then forward the application forms to the secretary of state each week. The secretary of state shall forward the forms to the county in which the applicant has registered to vote no later than ten days after the date on which the forms were received by the secretary of state.

Sec. 15   RCW 29A.08.520 and 2004 c 267 s 126 are each amended to read as follows:
     (1) 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, the Washington state patrol, the office of the administrator for the courts, and other appropriate state agencies shall arrange for a ((periodic)) quarterly comparison of a list of known felons with the statewide voter registration list. If a person is found on ((the department of corrections)) a 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)) suspend 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 a notice of the proposed cancellation and an explanation of the requirements for restoring the right to vote once all terms of sentencing have been completed. If the person does not respond within thirty days, the registration must be canceled.
     (2) The right to vote may be restored by, for each felony conviction, one of the following:
     (a) A certificate of discharge issued by the sentencing court, as provided in RCW 9.94A.637;
     (b) A court order restoring the right, as provided in RCW 9.92.066;
     (c) A final order of discharge issued by the indeterminate sentence review board, as provided in RCW 9.96.050; or
     (d) A certificate of restoration issued by the governor, as provided in RCW 9.96.020.

Sec. 16   RCW 29A.08.651 and 2004 c 267 s 101 are each amended to read as follows:
     (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, the Washington state patrol, and the office of the administrator for the courts. The computerized list may also be coordinated with the data bases of election officials in other states.
     (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, the Washington state patrol, and other appropriate state agency data bases to aid in the cancellation of voter registration of felons, of persons who have declined to serve on juries by virtue of not being citizens of the United States, and of persons determined to be legally incompetent to vote;
     (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.
     (12) In order to maintain the statewide voter registration data base, the secretary of state may, upon agreement with other appropriate jurisdictions, screen against data bases maintained by election officials in other states and data bases maintained by federal agencies including, but not limited to, the federal bureau of investigation, the federal court system, the federal bureau of prisons, and the bureau of citizenship and immigration services.
     (13) The secretary of state shall retain information regarding previous successful appeals of proposed cancellations of registrations in order to avoid repeated cancellations for the same reason.
     (14) The secretary of state must review and update the records of all registered voters on the computerized list on a quarterly basis to make additions and corrections.

Sec. 17   RCW 29A.08.710 and 2004 c 267 s 133 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, except as provided in RCW 40.24.060: The voter's name, address, political jurisdiction, gender, date of birth, 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. 18   RCW 29A.08.720 and 2004 c 266 s 9 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 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 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)) Subject to the restrictions of RCW 29A.08.710, poll books ((or)), precinct lists, and current lists of registered voters((, except original voter registration forms or their images, shall be)) are public records and must be made available for public inspection and copying under such reasonable rules and regulations as the county auditor or secretary of state may prescribe. The county auditor or secretary of state 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. The county auditor or secretary of state must provide a copy of RCW 29A.08.740 to the person requesting the material that is released under this section.

Sec. 19   RCW 29A.08.740 and 2003 c 111 s 249 and 2003 c 53 s 176 are each reenacted and amended to read as follows:
     (1) Any person who uses registered voter data furnished under RCW 29A.08.720 ((or 29A.08.730)) 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 is guilty of a class C felony punishable by imprisonment in a state correctional facility for a period of not more than five years or a fine of not more than ten thousand dollars or both such fine and imprisonment, and is liable to each person provided such advertisement or solicitation, without the person's consent, for the nuisance value of such person having to dispose of it, which value is herein established at five dollars for each item mailed or delivered to the person's residence. However, a person who mails or delivers any advertisement, offer, or solicitation for a political purpose is not liable under this section unless the person is liable under subsection (2) of this section. For purposes of this subsection, two or more attached papers or sheets or two or more papers that are enclosed in the same envelope or container or are folded together are one item. Merely having a mailbox or other receptacle for mail on or near the person's residence is not an indication that the person consented to receive the advertisement or solicitation. A class action may be brought to recover damages under this section, and the court may award a reasonable attorney's fee to any party recovering damages under this section.
     (2) Each person furnished data under RCW 29A.08.720 ((or 29A.08.730)) shall take reasonable precautions designed to assure that the data is not 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 data may be used for any political purpose. Where failure to exercise due care in carrying out this responsibility results in the data being used for such purposes, then such person is jointly and severally liable for damages under subsection (1) of this section along with any other person liable under subsection (1) of this section for the misuse of such data.

Sec. 20   RCW 29A.08.775 and 2004 c 267 s 136 are each amended to read as follows:
     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 same as the official statewide voter registration list.

Sec. 21   RCW 29A.40.091 and 2004 c 271 s 135 are each amended to read as follows:
     The county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor. The instructions that accompany an absentee ballot for a partisan primary must include instructions for voting the applicable ballot style, as provided in chapter 29A.36 RCW. The absentee voter's name and address must be printed on the larger return envelope, which must also contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The declaration must clearly inform the voter that it is illegal to vote if he or she is not a United States citizen; it is illegal to vote if he or she has been convicted of a felony and has not had his or her voting rights restored; and, except as otherwise provided by law, it is illegal to cast a ballot or sign an absentee envelope on behalf of another voter. The return envelope must provide space for the voter to indicate the date on which the ballot was voted and for the voter to sign the oath. It must also contain a space so that the voter may include a telephone number. A summary of the applicable penalty provisions of this chapter must be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. The return envelope must also have a secrecy flap that the voter may seal that will cover the voter's signature and optional telephone number. For out-of-state voters, overseas voters, and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. The voter must be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first class postage, if applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which the ballot was issued.
     If the county auditor chooses to forward absentee ballots, he or she must include with the ballot a clear explanation of the qualifications necessary to vote in that election and must also advise a voter with questions about his or her eligibility to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed directly on the ballot itself. If the information is not included, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.

Sec. 22   RCW 29A.84.140 and 2003 c 111 s 2108 are each amended to read as follows:
     A person who knows that he or she does not possess the legal qualifications of a voter and who registers to vote is guilty of a ((misdemeanor punishable under RCW 9A.20.021)) class C felony.

Sec.23   RCW 46.20.118 and 1990 c 250 s 37 are each amended to read as follows:
     The department shall maintain a negative file. It shall contain negatives of all pictures taken by the department of licensing as authorized by RCW 46.20.070 through 46.20.119. Negatives in the file shall not be available for public inspection and copying under chapter 42.17 RCW. The department may make the file available to official governmental enforcement agencies to assist in the investigation by the agencies of suspected criminal activity. The department shall make the file available to the office of the secretary of state, at the expense of the secretary of state, to assist in maintenance of the statewide voter registration data base. The department may also provide a print to the driver's next of kin in the event the driver is deceased.

Sec. 24   RCW 46.20.155 and 2004 c 249 s 7 are each amended to read as follows:
     (1) Before issuing an original license or identicard or renewing a license or identicard under this chapter, the licensing agent shall determine if the applicant wants to register to vote or transfer his or her voter registration by asking the following question:

     "Do you want to register to vote or transfer your voter registration?"

     If the applicant chooses to register or transfer a registration, the agent shall ((state)) ask the following:

     (("I would like to remind you that you must be a United States citizen and at least eighteen years of age in order to vote."))
     (1) "Are you a United States citizen?"
     (2) "Are you or will you be eighteen years of age on or before the next election?"

     If the applicant answers in the affirmative to both questions, the agent shall then provide the applicant with a voter registration form and instructions and shall record that the applicant has requested to register to vote or transfer a voter registration. If the applicant answers in the negative to either question, the agent shall not provide the applicant with a voter registration form.
     (2) The department shall establish a procedure that substantially meets the requirements of subsection (1) of this section when permitting an applicant to renew a license or identicard by mail or by electronic commerce.

NEW SECTION.  Sec. 25   The following acts or parts of acts are each repealed:
     (1) RCW 29A.08.155 (Payment for maintenance of electronic records) and 2004 c 267 s 114 & 2003 c 111 s 215; and
     (2) RCW 29A.08.730 (Registration, voting -- Furnishing data upon request -- Cost -- Use restricted) and 2003 c 111 s 248, 1994 c 57 s 6, & 1973 1st ex.s. c 111 s 3.

NEW SECTION.  Sec. 26   This act takes effect January 1, 2006.