BILL REQ. #:  H-1015.1 

Read first time 01/26/2007.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to ensuring the integrity of elections; amending RCW 29A.04.008, 29A.04.103, 29A.04.109, 29A.04.163, 29A.08.010, 29A.08.110, 29A.08.140, 29A.08.210, 29A.08.220, 29A.08.520, 29A.08.625, 29A.08.820, 29A.40.050, 29A.40.020, 29A.40.091, 29A.40.140, 29A.44.201, 29A.44.330, 29A.44.340, 29A.84.110, 46.20.035, 46.20.091, 46.20.105, 46.20.117, and 46.20.155; reenacting and amending RCW 29A.84.670 and 9.94A.515; adding new sections to chapter 29A.08 RCW; adding a new section to chapter 29A.84 RCW; adding a new section to chapter 46.20 RCW; adding a new chapter to Title 29A RCW; recodifying RCW 29A.40.050; repealing RCW 29A.08.145; prescribing penalties; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 29A.08 RCW to read as follows:
     The registration of a person who registered to vote before July 1, 2007, is moved to inactive status on July 1, 2009. That person must reregister in order to vote anything other than a provisional ballot at an election held after that date. The registration of a person who first registers to vote or reregisters after June 30, 2007, continues to be valid after July 1, 2009, unless canceled or inactivated as otherwise provided by law.

NEW SECTION.  Sec. 2   A new section is added to chapter 29A.08 RCW to read as follows:
     In order to vote at any election or primary, whether at a polling place or by absentee or mail ballot, a person must have registered to vote at least thirty days before the election or primary, regardless of the person's status as an absentee, mail ballot, out-of-state, overseas, or service voter.

Sec. 3   RCW 29A.04.008 and 2005 c 243 s 1 are each amended to read as follows:
     As used in this title:
     (1) "Ballot" means, as the context implies, either:
     (a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;
     (b) A facsimile of the contents of a particular ballot whether printed on a paper ballot or ballot card or as part of a voting machine or voting device;
     (c) A physical or electronic record of the choices of an individual voter in a particular primary, general election, or special election; or
     (d) The physical document on which the voter's choices are to be recorded;
     (2) "Paper ballot" means a piece of paper on which the ballot for a particular election or primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually;
     (3) "Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure and that is to be tabulated on a vote tallying system;
     (4) "Sample ballot" means a printed facsimile of all the issues and offices on the ballot in a jurisdiction and is intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general election, or special election;
     (5) "Provisional ballot" means a ballot issued at the polling place on election day by the precinct election board to a voter who would otherwise be denied an opportunity to vote a regular ballot, for any reason authorized by the Help America Vote Act, including but not limited to the following:
     (a) The voter's name does not appear in the poll book for the precinct at which the voter appears and who therefore cannot be verified as a registered voter;
     (b) There is an indication in the poll book that ((the voter has requested)) an absentee ballot((, but the voter wishes to vote at the polling place)) has been issued;
     (c) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote;
     (d) Any other reason allowed by law;
     (6) "Party ballot" means a primary election ballot specific to a particular major political party that lists all partisan offices to be voted on at that primary, and the candidates for those offices who affiliate with that same major political party;
     (7) "Nonpartisan ballot" means a primary election ballot that lists all nonpartisan races and ballot measures to be voted on at that primary.

Sec. 4   RCW 29A.04.103 and 2003 c 111 s 118 are each amended to read as follows:
     "Out-of-state voter" means any ((elector)) registered voter of the state of Washington outside the state but not outside the territorial limits of the United States or the District of Columbia.

Sec. 5   RCW 29A.04.109 and 2003 c 111 s 119 are each amended to read as follows:
     "Overseas voter" means any ((elector)) registered voter of the state of Washington outside the territorial limits of the United States or the District of Columbia.

Sec. 6   RCW 29A.04.163 and 2003 c 111 s 127 are each amended to read as follows:
     "Service voter" means any ((elector)) registered voter of the state of Washington who is a member of the armed forces under 42 U.S.C. Sec. 1973 ff-6 while in active service, is a student or member of the faculty at a United States military academy, is a member of the merchant marine of the United States, is a program participant as defined in RCW 40.24.020, or is a member of a religious group or welfare agency officially attached to and serving with the armed forces of the United States.

Sec. 7   RCW 29A.08.010 and 2006 c 320 s 2 are each amended to read as follows:
     As used in this chapter: "Information required for voter registration" or "required information" 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:
     (1) Name;
     (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.
     The residential address provided must identify the actual physical residence of the voter in Washington, as defined in RCW 29A.04.151, with detail sufficient to allow the voter to be assigned to the proper precinct and to locate the voter to confirm his or her residence for purposes of verifying qualification to vote under Article VI, section 1 of the state Constitution. A residential address may be either a traditional address or a nontraditional address. A traditional address consists of a street number and name, optional apartment number or unit number, and city or town, as assigned by a local government, which serves to identify the parcel or building of residence and the unit if a multiunit residence. A nontraditional address consists of a narrative description of the location of the voter's residence, and may be used when a traditional address has not been assigned to the voter's residence. Each person may only have one primary residence for voting purposes. If the postal service does not deliver mail to the voter's residential address, or the voter prefers to receive mail at a different address, the voter may separately provide the mailing address at which they receive mail. Any mailing address provided shall be used only for mail delivery purposes and not for precinct assignment or confirmation of residence for voter qualification purposes. A primary residence may not include a private or public post office box or any other place where a person could not live. Persons who are without a primary residence or whose identity is legally protected may list the county courthouse as their primary residence.
     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 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. 8   RCW 29A.08.110 and 2005 c 246 s 5 are each amended to read as follows:
     (1) An application is considered complete only if it contains proof that the applicant is a United States citizen, 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 that the provided driver's license number, state identification card number, or Social Security number has been confirmed by the secretary of state)). Proof of citizenship is not required if an applicant is transferring his or her voter registration within a county or between counties in this state. If the application is complete, the auditor shall confirm the validity of the citizenship information provided and upon confirmation that such information is valid, the applicant is considered to be registered to vote as of the date of mailing. 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 name of the applicant shall not be placed on the official list of registered voters. If the applicant provides the required verified information, the auditor shall confirm the validity of the citizenship information provided, and upon confirmation that such information is valid, the applicant shall be registered to vote as of the original date of mailing or date of delivery, whichever is applicable.
     (2) ((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.
     (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.

Sec. 9   RCW 29A.08.140 and 2006 c 97 s 1 are each amended to read as follows:
     The registration files of all precincts shall be closed against 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 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. 10   RCW 29A.08.210 and 2005 c 246 s 11 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) Proof that the applicant is a United States citizen;
     (2) The address of the last former registration of the applicant as a voter in the state;
     (((2))) (3) The applicant's full name;
     (((3))) (4) The applicant's date of birth;
     (((4))) (5) The address of the applicant's residence for voting purposes;
     (((5))) (6) The mailing address of the applicant if that address is not the same as the address in subsection (((4))) (5) of this section;
     (((6))) (7) The sex of the applicant;
     (((7))) (8) 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))) (9) 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))) (10) 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))) (11) A check box allowing the applicant to confirm that he or she is at least eighteen years of age;
     (((11))) (12) 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;))
     (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
     (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 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 applicant shall not be registered to vote.

Sec. 11   RCW 29A.08.220 and 2004 c 267 s 115 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. If an applicant transfers his or her voter registration within a county or between counties of this state, he or she is not required to provide proof of citizenship. 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) 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.

Sec. 12   RCW 29A.08.520 and 2005 c 246 s 15 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 ((quarterly)) monthly comparison of ((a list)) any lists of known felons maintained by the department of corrections and the Washington state patrol with the statewide voter registration list. If a person is found on 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, if the person has not had his or her right to vote restored, immediately suspend the voter registration from the official state voter registration list. The canceling authority shall send 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) Felons who have been granted a certificate of discharge by a court shall provide a certified copy of the certificate of discharge to the department of corrections and the Washington state patrol within thirty days from the day the court grants the certificate, and shall provide a certified copy of their certificate of discharge to the elections officer at the time they register to vote.
     (3) 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.

NEW SECTION.  Sec. 13   A new section is added to chapter 29A.08 RCW to read as follows:
     A person may prove that he or she is a United States citizen with an original or certified copy of any one of the following:
     (1) A United States passport;
     (2) A certified birth certificate issued by the city, county, or state. A certified birth certificate has a registrar's raised, embossed, impressed, or multicolored seal, registrar's signature, and the date the certificate was filed with the registrar's office, which must be within one year of birth;
     (3) A consular report of birth abroad or certification of birth;
     (4) A naturalization certificate; or
     (5) A certificate of citizenship.

NEW SECTION.  Sec. 14   A new section is added to chapter 29A.08 RCW to read as follows:
     In addition to any legal obligations of local election officers, the secretary of state in conjunction with the department of health shall arrange for a monthly comparison of any lists of known deaths maintained by the department of health with the statewide voter registration list. If a person is found on the department of health death list and the statewide voter registration list, the secretary of state or county auditor shall immediately cancel the voter registration from the official state voter registration list. The canceling authority shall send notice of the cancellation to the presumed deceased person at his or her last known voter registration address. The notice will set forth a method of appealing the action.

NEW SECTION.  Sec. 15   A new section is added to chapter 29A.08 RCW to read as follows:
     In addition to any legal obligations of local election officers, the secretary of state in conjunction with the department of health, the department of social and health services, and the administrator for the courts shall arrange for a monthly comparison of any lists of persons known to have been declared mentally incompetent and unable to vote or known to have been placed under the care of a full guardianship due to their mental capacity and who have not otherwise been declared able to vote. If a person is found on the department of health, the department of social and health services, or the administrator for the courts lists and the statewide voter registration list, the secretary of state or county auditor shall immediately cancel the voter registration from the official state voter registration list. The canceling authority shall send notice of the cancellation to the person at the address for which registration has been canceled. The notice will set forth a method of appealing the action.
     The administrator for the courts shall collect and maintain a list of all judicial determinations of full guardianship under RCW 11.88.010 and other cases where the court has ordered someone unable to vote.

NEW SECTION.  Sec. 16   A new section is added to chapter 29A.08 RCW to read as follows:
     In addition to any legal obligations of local election officers, the secretary of state in conjunction with local election officers shall make at a minimum a monthly comparison of names on the statewide voter registration list, and if a person is found registered more than once on the statewide voter registration list, the secretary of state or county auditor shall immediately cancel all voter registrations for that voter in excess of one from the official state voter registration list. The canceling authority shall send notice of the cancellation to the person at the address for which registration has been canceled. The notice will set forth a method of appealing the action.

Sec. 17   RCW 29A.08.625 and 2003 c 111 s 240 are each amended to read as follows:
     (1) A voter whose registration or reregistration occurred after June 30, 2007, and who has been made inactive under this chapter and who offers to vote at an ensuing election before two federal elections have been held must be allowed to vote a ((regular)) provisional ballot and the voter's registration restored to active status.
     (2) A voter whose registration has been made inactive because it occurred on or before June 30, 2007, or which has been properly canceled under this chapter shall vote a provisional ballot. The voter shall mark the provisional ballot in secrecy, the ballot placed in a security envelope, the security envelope placed in a provisional ballot envelope, and the reasons for the use of the provisional ballot noted.
     (3) Upon receipt of such a voted provisional ballot the auditor shall investigate the circumstances surrounding the original cancellation. If he or she determines that the cancellation was in error, the voter's registration must be immediately reinstated, and the voter's provisional ballot must be counted. If the original cancellation was not in error, the voter must be afforded the opportunity to reregister at his or her correct address, and the voter's provisional ballot must not be counted. If the voter was given a provisional ballot only because he or she had not registered or reregistered after June 30, 2007, the ballot must be counted. The voter will continue to vote provisional ballots until such time as he or she chooses to register.
     (4) The names and addresses of provisional voters is not a matter of public record, and no one other than an election officer may contact an individual provisional voter. The election officer shall contact the voter via first class mail within forty-eight hours of discovery and shall inform the voter of relevant deadlines.

Sec. 18   RCW 29A.08.820 and 2006 c 320 s 5 are each amended to read as follows:
     (1) Challenges initiated by a registered voter against a voter who registered to vote less than sixty days before the election, or who changed residence less than sixty days before the election without transferring his or her registration, must be filed not later than ten days before any primary or election, general or special, or within ten days of the voter being added to the voter registration data base, whichever is later, at the office of the appropriate county auditor. Challenges initiated by a registered voter against any other voter must be filed not later than forty-five days before the election. Challenges initiated by the office of the county prosecuting attorney must be filed in the same manner as challenges initiated by a registered voter.
     (2)(a) If the challenge is filed within forty-five days before an election at which the challenged voter is eligible to vote, a notation of the challenge must be made immediately in the poll book or voter registration system, and the county canvassing board presides over the hearing.
     (b) If the challenge is filed before the challenged voter's ballot is received, the ballot must be treated as a ((challenged)) provisional ballot. A ((challenged)) provisional ballot received at a polling place must be placed in a sealed envelope separate from other voted ballots.
     (c) If the challenge is filed after the challenged voter's ballot is received, the challenge cannot affect the current election.
     (3) If the challenge is filed at least forty-five days before an election at which the challenged voter is eligible to vote, the county auditor presides over the hearing.

NEW SECTION.  Sec. 19   (1) Provisional or questionable ballots must not be tallied until the validity of the ballot or the voter has been confirmed and, if so, the ballots will be processed in similar manner to absentee ballots. A provisional ballot is issued to a person seeking to vote in a polling place under the following circumstances:
     (a) The name of the voter does not appear in the poll book and:
     (i) The voter's registration was canceled but the voter questions the validity of the cancellation;
     (ii) The status of the voter's registration cannot be determined at that time; or
     (iii) The voter is registered and assigned to another polling place or jurisdiction;
     (b) The voter's name is in the poll book but there is an indication that the voter was issued an absentee ballot, and the voter wishes to vote at the polls; or
     (c) Other circumstances as determined by the precinct election official.
     (2) The precinct election official shall issue a provisional ballot outer envelope and a security envelope to the voter eligible for a provisional ballot. The voter shall vote the ballot in secrecy and, when done, place the ballot in the security envelope, then place the security envelope with the ballot in it in the provisional ballot outer envelope and return it to the precinct election official. The precinct election official shall ensure that the required information is completed on the outside of the outer envelope and have the voter sign it in the appropriate space, and place it in a secure container designated for provisional ballots only.
     (3) When the provisional ballot, including provisional ballots from other counties or states, are received in the elections center, the circumstances surrounding the provisional ballot must be investigated before certification of the primary or election. A provisional ballot cannot be tallied if the registered voter did not sign either the poll book or the provisional ballot envelope.
     (4) When it is determined that the ballot is to be counted, the ballot must be processed in a manner similar to an absentee ballot except the provisional ballot outer envelopes must be retained separately from the absentee ballot return envelopes. The manual inspection of the ballots as required in WAC 434-261-070 or its successor must also be carried out.

NEW SECTION.  Sec. 20   At a minimum, the following information will be required to be printed on the outer provisional ballot envelope:
     (1) An oath for the voter to sign, as required by the Help America Vote Act, which must be included in substantially the following form:

     "I declare that the facts on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of a felony, I will have lived in Washington at this address for thirty days before the next election at which I vote, and I will be at least eighteen years old when I vote.";

     (2) Name and signature of voter (must be the same as on the oath);
     (3) Voter's registered address both present and former, if applicable;
     (4) Voter's date of birth;
     (5) Reason for the provisional ballot;
     (6) Precinct and polling place at which voter has voted;
     (7) Sufficient space to list disposition of the ballot after review by the county auditor.
     No provisional ballot may be rejected for lack of the information described in this section as long as the voter provides a valid signature and sufficient information to determine eligibility.

NEW SECTION.  Sec. 21   (1) Upon receipt of the provisional ballot, including provisional ballots from other counties or states, the auditor must investigate the circumstances surrounding the provisional ballot before certification of the primary or election. A provisional ballot cannot be counted if the registered voter did not sign either the poll book or the provisional ballot envelope.
     (a) If there is no record of the voter ever having been registered, the voter must be offered the opportunity to register and the provisional ballot for the current election will not be counted.
     (b) If the voter was previously registered and later canceled and the auditor determines that the cancellation was in error, the voter's registration will be immediately restored and the provisional ballot counted.
     (c) If the auditor determines that the cancellation was not in error, the voter must be given the opportunity to reregister at the voter's correct address, and the provisional ballot for the current election will not be counted.
     (2) If the voter is a registered voter but has voted a ballot other than the one that the voter would have received at his or her designated polling place, the auditor must ensure that only those votes for the positions or measures for which the voter was eligible to vote are counted, which may require coordination with other county auditors.
     (3) If the voter is a registered voter in another county or state, the auditor shall forward the ballot and a corresponding voter guide, or other means by which the ballot can be interpreted including rotation if applicable, within five business days after election day to the supervisor of elections for the county for which the voter is resident. If the provisional ballot envelope is not signed by the voter, a copy of the poll book page must be included. If the county is not known, it shall be forwarded to the secretary of state, or counterpart, for the state in which the voter is resident.
     (4) If the auditor finds that an absentee voter who voted a provisional ballot at the polls has also voted an absentee ballot in that primary or election, the provisional ballot will not be counted.
     (5) The auditor shall prepare a tally displaying the number of provisional ballots received, the number found valid and counted, the number rejected and not counted, and the reason for not counting the ballots, as part of the canvassing process and presented to the canvassing board before the certification of the primary or election.

NEW SECTION.  Sec. 22   When the disposition of the provisional ballot determines that the provisional ballot is to be counted, the provisional ballot shall be processed in a manner similar to an absentee ballot as provided in chapters 29A.40 and 29A.60 RCW except the outer provisional ballot envelopes must be retained separately from the absentee ballot return envelopes. The manual inspection of the ballots as required in WAC 434-261-070 or its successor must also be carried out.

NEW SECTION.  Sec. 23   The secretary of state shall establish a free access system (such as a toll-free telephone number or an internet web site) that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason why the vote was not counted. The secretary of state shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by the free access system established under this section. Access to information about an individual provisional ballot must be restricted to the individual who cast the ballot.

Sec. 24   RCW 29A.40.050 and 2003 c 111 s 1005 are each amended to read as follows:
     (1) As provided in this section, county auditors shall provide special ((absentee)) provisional ballots to be used for state primary or state general elections. An auditor shall provide a special ((absentee)) provisional ballot only to a registered voter who completes an application stating that she or he will be unable to vote and return ((a regular)) an absentee ballot by normal mail delivery within the period provided for ((regular)) absentee ballots.
     The application for a special ((absentee)) provisional ballot may not be filed earlier than ninety days before the applicable state primary or general election. The special ((absentee)) provisional ballot will list the offices and measures, if known, scheduled to appear on the state primary or general election ballot. The voter may use the special ((absentee)) provisional ballot to write in the name of any eligible candidate for each office and vote on any measure.
     (2) With any special ((absentee)) provisional ballot issued under this section, the county auditor shall include a listing of any candidates who have filed before the time of the application for offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application.
     (3) Write-in votes on special ((absentee)) provisional ballots must be counted in the same manner provided by law for the counting of other write-in votes. The county auditor shall process and canvass the special ((absentee)) provisional ballots provided under this section in the same manner as ((other)) absentee ballots under ((this)) chapters 29A.40 and ((chapter)) 29A.60 RCW.
     (4) A voter who requests a special ((absentee)) provisional ballot under this section may also request an absentee ballot under RCW 29A.40.020(4). If the ((regular)) absentee ballot is properly voted and returned, the special ((absentee)) provisional ballot is void, and the county auditor shall reject it in whole when special ((absentee)) provisional ballots are canvassed.

NEW SECTION.  Sec. 25   In addition to the material required by RCW 29A.40.091, each county auditor shall include with any special provisional ballot mailed the following information:
     (1) Instructions for voting the ballot;
     (2) Instructions for correcting a spoiled ballot;
     (3) The fact that political party designation should be included with all write-ins for partisan office;
     (4) A listing of all offices and measures that will appear upon the ballot, together with a listing of all persons who have filed for office or who have indicated their intention to file for office;
     (5) A copy of any applicable voters' guide available at that time;
     (6) The fact that the voter may vote for as many or as few offices or measures as he or she desires;
     (7) The fact that the voter is entitled to request, and subsequently vote a regular absentee ballot, and that if the regular absentee is received during the time period provided by law for the canvassing of absentee ballots it will be tabulated and the special provisional ballot will be voided.

NEW SECTION.  Sec. 26   No special provisional ballot may be provided earlier than ninety days before a primary or election. An application received by a county auditor more than ninety days before a primary or general election may be either returned to the applicant with the explanation that the request is premature or may be held by the auditor until the appropriate time and then processed.

Sec. 27   RCW 29A.40.020 and 2003 c 111 s 1002 are each amended to read as follows:
     (1) Except as otherwise provided by law, a registered voter or out-of-state voter, overseas voter, or service voter desiring to cast an absentee ballot at a single election or primary must request the absentee ballot from his or her county auditor no earlier than ninety days nor later than the day before the election or primary at which the person seeks to vote. Except as otherwise provided by law, the request may be made orally in person, by telephone, electronically, or in writing. An application or request for an absentee ballot made under the authority of a federal statute or regulation will be considered and given the same effect as a request for an absentee ballot under this chapter.
     (2) A voter requesting an absentee ballot for a primary may also request an absentee ballot for the following general election. A request by an out-of-state voter, overseas voter, or service voter for an absentee ballot for a primary election will be considered as a request for an absentee ballot for the following general election.
     (3) In requesting an absentee ballot, the voter shall state the address to which the absentee ballot should be sent. A request for an absentee ballot from an out-of-state voter, overseas voter, or service voter must include the address of the last residence in the state of Washington ((and either a written application or the oath on the return envelope must include a declaration of the other qualifications of the applicant as an elector of this state)). A request for an absentee ballot from any other voter must state the address at which that voter is currently registered to vote in the state of Washington or the county auditor shall verify that information from the voter registration records of the county.
     (4) A request for an absentee ballot from a registered voter who is within this state must be made directly to the auditor of the county in which the voter is registered. An absentee ballot request from a registered voter who is temporarily outside this state or from an out-of-state voter, overseas voter, or service voter may be made either to the appropriate county auditor or to the secretary of state, who shall promptly forward the request to the appropriate county auditor.
     (5) No person, organization, or association may distribute absentee ballot applications within this state that contain a return address other than that of the appropriate county auditor.

Sec. 28   RCW 29A.40.091 and 2005 c 246 s 21 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)) by 8:00 p.m. on the day of the election or primary for which the ballot was issued. Military ballots must have been signed by 8:00 p.m. on the day of the election or primary for which the ballot was issued and received by the appropriate county auditor by 5:00 p.m. on the day of the final county certification of the election or primary.
     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. 29   RCW 29A.40.140 and 2006 c 320 s 8 are each amended to read as follows:
     The qualifications of any absentee voter may be challenged before the voted ballot is received. The board has the authority to determine the legality of any absentee ballot challenged under this section. Challenged ballots must be handled in accordance with ((chapter 29A.08 RCW)) sections 19 through 26 of this act.

Sec. 30   RCW 29A.44.201 and 2004 c 271 s 136 are each amended to read as follows:
     (1) A voter desiring to vote shall give his or her name and photo identification to the precinct election officer who has the precinct list of registered voters. This officer shall announce the name to the precinct election officer who has the copy of the inspector's poll book for that precinct. The election officers together shall compare the photograph on the identification with the appearance of the voter before them and compare the signature on the identification with the signature the voter has written in the poll book. If they agree that there are obvious discrepancies between the photograph on the identification and the appearance of the voter before them or between the signature on the identification and the signature the voter has written in the poll book, they shall treat the ballot as a provisional ballot, note the discrepancies in a written record, and transmit this record to the county auditor along with the voted ballot.
     (2) The only acceptable forms of identification are either a Washington state driver's license or identicard or a United States passport. The identification must contain a photograph of the voter and the voter's signature.
     (3) 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 or to operate a voting device. For a partisan primary in a jurisdiction using the physically separate ballot format, the voter must be issued a nonpartisan ballot and each party ballot. The number of the ballot or the voter must be recorded by the precinct election officers. If the right of the voter to participate is challenged, RCW 29A.08.810 and 29A.08.820 apply to that voter.

Sec. 31   RCW 29A.44.330 and 2003 c 111 s 1131 are each amended to read as follows:
     The programmed memory pack for each poll-site ballot counting device must be sealed into the device during final preparation and logic and accuracy testing. Except in the case of a device breakdown, the memory pack must remain sealed in the device until after the polls have closed and all reports and telephonic or electronic transfer of results are completed. After all reporting is complete the precinct election officers responsible for transferring the sealed voted ballots under RCW 29A.60.110 shall ensure that the memory pack is returned to the elections department. If the entire poll-site ballot counting device is returned, the memory pack must remain sealed in the device. If the poll-site ballot counting device is to remain at the polling place, the precinct election officer shall break the seal on the device and remove the memory pack and seal and return it along with the irregularly voted ballots and ((special)) provisional ballots to the elections department on election day.

Sec. 32   RCW 29A.44.340 and 2003 c 111 s 1132 are each amended to read as follows:
     Each poll-site ballot counting device must be programmed to return all blank ballots and overvoted ballots to the voter for private reexamination. The election officer shall take whatever steps are necessary to ensure that the secrecy of the ballot is maintained. The precinct election officer shall provide information and instruction on how to properly mark the ballot. The voter may remark the original ballot, may request a new ballot under RCW 29A.44.040, or may choose to complete a ((special)) provisional ballot envelope and return the ballot as a ((special)) provisional ballot.

NEW SECTION.  Sec. 33   A new section is added to chapter 29A.84 RCW to read as follows:
     The secretary of state and the appropriate county auditor shall refer all cases of violations of the following statutes that they discover or suspect to have occurred to the local prosecuting attorney: RCW 29A.84.130, 29A.84.140, 29A.84.650, 29A.84.655, 29A.84.660, 29A.84.670, and 29A.84.680. The prosecutor to whom the violations were referred shall submit to the secretary of state a list of all such referrals, the basis of the referrals, and the final disposition of the referrals.

Sec. 34   RCW 29A.84.110 and 2003 c 111 s 2105 are each amended to read as follows:
     If any county auditor or registration assistant:
     (1) Willfully neglects or refuses to perform any duty required by law in connection with the registration of voters; or
     (2) Willfully neglects or refuses to perform such duty in the manner required by voter registration law; or
     (3) Enters or causes or permits to be entered on the voter registration records the name of any person in any other manner or at any other time than as prescribed by voter registration law or enters or causes or permits to be entered on such records the name of any person not entitled to be thereon; or
     (4) Destroys, mutilates, conceals, changes, or alters any registration record in connection therewith except as authorized by voter registration law,
he or she is guilty of a ((gross misdemeanor punishable to the same extent as a gross misdemeanor that is)) class C felony punishable under RCW 9A.20.021.

Sec. 35   RCW 29A.84.670 and 2003 c 111 s 2134 and 2003 c 53 s 181 are each reenacted and amended to read as follows:
     (1) It is unlawful for a voter to:
     (a) Receive a ballot from any person other than the election officer having charge of the ballots;
     (b) Vote or offer to vote any ballot except one received from the election officer having charge of the ballots;
     (c) Fail to return to the election officers any ballot received from an election officer.
     (2) A violation of this section is a gross misdemeanor, punishable ((by a fine not exceeding one hundred dollars, plus costs of prosecution)) under RCW 9A.20.021.

NEW SECTION.  Sec. 36   A new section is added to chapter 46.20 RCW to read as follows:
     A person applying for issuance or renewal of an identicard or a Washington state driver's license must provide proof of United States citizenship. If the person does not supply proof meeting the requirements of RCW 46.20.035, the department may not issue the person a regular identicard or driver's license. If the person satisfies all other requirements and fees prescribed by law, the department shall issue the person a provisional identicard or driver's license.

Sec. 37   RCW 46.20.035 and 2004 c 249 s 2 are each amended to read as follows:
     (1) The department may not issue an identicard or a Washington state driver's license ((that is valid for identification purposes)) unless the applicant meets the identification requirements of ((subsection (1), (2), or (3) of)) this section.
     (((1))) (2) A driver's license or identicard applicant must provide the department with an original or certified copy of at least one of the following pieces of valid identifying documentation that ((contains the signature and a photograph of the applicant)) proves the applicant is a United States citizen:
     (a) ((A valid or recently expired driver's license or instruction permit that includes the date of birth of the applicant;
     (b) A Washington state identicard or an identification card issued by another state;
     (c) An identification card issued by the United States, a state, or an agency of either the United States or a state, of a kind commonly used to identify the members or employees of the government agency;
     (d) A military identification card;
     (e) A United States passport; or
     (f) An Immigration and Naturalization Service form.
     (2))) A United States passport;
     (b) A certified birth certificate issued by the city, county, or state. A certified birth certificate has a registrar's raised, embossed, impressed, or multicolored seal, registrar's signature, and the date the certificate was filed with the registrar's office, which must be within one year of birth;
     (c) A consular report of birth abroad or certification of birth;
     (d) A naturalization certificate; or
     (e) A certificate of citizenship.
     (3) Any person who applies for an identicard or a Washington state driver's license under this chapter and any person who is the parent of a minor who applies for an identicard or a Washington state driver's license under this chapter shall first provide the department with proof of the person's status as a citizen of the United States and, in addition, shall provide the department with the person's residential address and phone number. The department shall confirm the validity of the person's citizenship status.
     (4) Each identicard or Washington state driver's license issued by the department to an applicant who is not a citizen must be clearly identified as a provisional identicard or license.
     (5) An applicant who is a minor may establish identity by providing an affidavit of the applicant's parent or guardian. The parent or guardian must accompany the minor and display or provide:
     (a) At least one piece of documentation in subsection (((1))) (2) of this section establishing the identity of the parent or guardian; and
     (b) Additional documentation establishing the relationship between the parent or guardian and the applicant.
     (((3) A person unable to provide identifying documentation as specified in subsection (1) or (2) of this section may request that the department review other available documentation in order to ascertain identity. The department may waive the requirement if it finds that other documentation clearly establishes the identity of the applicant.
     (4))) (6) An identicard or a driver's license that includes a photograph that has been renewed by mail or by electronic commerce is valid for identification purposes if the applicant met the identification requirements of ((subsection (1), (2), or (3) of)) this section at the time of previous issuance.
     (((5))) (7) The form of an applicant's name, as established under this section, is the person's name of record for the purposes of this chapter.
     (((6) If the applicant is unable to prove his or her identity under this section, the department shall plainly label the license "not valid for identification purposes."))
     (8) Proof of citizenship is not required if an applicant displays a valid or recently expired identicard or Washington state driver's license that was issued by the department after the effective date of this section.

Sec. 38   RCW 46.20.091 and 2000 c 115 s 4 are each amended to read as follows:
     (1) Application. In order to apply for a driver's license or instruction permit the applicant must provide his or her:
     (a) Name of record, as established by documentation required under RCW 46.20.035;
     (b) Date of birth, as established by satisfactory evidence of age;
     (c) Sex;
     (d) Washington residence address;
     (e) Description;
     (f) Driving licensing history, including:
     (i) Whether the applicant has ever been licensed as a driver or chauffeur and, if so, (A) when and by what state or country; (B) whether the license has ever been suspended or revoked; and (C) the date of and reason for the suspension or revocation; or
     (ii) Whether the applicant's application to another state or country for a driver's license has ever been refused and, if so, the date of and reason for the refusal; ((and))
     (g) Proof of United States citizenship; and
     (h) Any additional information required by the department.
     (2) Sworn statement. An application for an instruction permit or for an original driver's license must be made upon a form provided by the department. The form must include a section for the applicant to indicate whether he or she has received driver training and, if so, where. The identifying documentation verifying the name of record must be accompanied by the applicant's written statement that it is valid. The information provided on the form must be sworn to and signed by the applicant before a person authorized to administer oaths. An applicant who makes a false statement on an application for a driver's license or instruction permit is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.
     (3) Driving records from other jurisdictions. If a person previously licensed in another jurisdiction applies for a Washington driver's license, the department shall request a copy of the applicant's driver's record from the other jurisdiction. The driving record from the other jurisdiction becomes a part of the driver's record in this state.
     (4) Driving records to other jurisdictions. If another jurisdiction requests a copy of a person's Washington driver's record, the department shall provide a copy of the record. The department shall forward the record without charge if the other jurisdiction extends the same privilege to the state of Washington. Otherwise the department shall charge a reasonable fee for transmittal of the record.

Sec. 39   RCW 46.20.105 and 2000 c 115 s 5 are each amended to read as follows:
     (1) The department may provide a method to distinguish the driver's license of a person who is under the age of twenty-one from the driver's license of a person who is twenty-one years of age or older.
     (2) An instruction permit must be identified as an "instruction permit" and issued in a distinctive form as determined by the department.
     (3) An intermediate license must be identified as an "intermediate license" and issued in a distinctive form as determined by the department.
     (4) A provisional license must be identified as a "provisional license" and issued in a distinctive color as determined by the department.

Sec. 40   RCW 46.20.117 and 2005 c 314 s 305 are each amended to read as follows:
     (1) Issuance. The department shall issue an identicard, containing a picture, if the applicant:
     (a) Does not hold a valid Washington driver's license;
     (b) Proves his or her identity as required by RCW 46.20.035; and
     (c) Pays the required fee. The fee is twenty dollars unless an applicant is a recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services. For those persons the fee must be the actual cost of production of the identicard.
     (2) Design and term. The identicard must:
     (a) Be distinctly designed so that it will not be confused with the official driver's license; ((and))
     (b) Expire on the fifth anniversary of the applicant's birthdate after issuance; and
     (c) If a provisional identicard, be clearly identified as a "provisional identicard" and issued in a distinctive color as determined by the department.
     (3) Renewal. An application for identicard renewal may be submitted by means of:
     (a) Personal appearance before the department; or
     (b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her identicard by mail or by electronic commerce when it last expired. However, the department may accept an application for renewal of an identicard submitted by means of mail or electronic commerce only if specific authority and funding is provided for this purpose by June 30, 2004, in the omnibus transportation appropriations act.
     An identicard may not be renewed by mail or by electronic commerce unless the renewal issued by the department includes a photograph of the identicard holder.
     (4) Cancellation. The department may cancel an identicard if the holder of the identicard used the card or allowed others to use the card in violation of RCW 46.20.0921.

Sec. 41   RCW 46.20.155 and 2005 c 246 s 24 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?"

     (2) If the applicant chooses to register or transfer a registration, the agent shall ((ask)) make the following statement and ask the applicant the following questions:

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

     (3) 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))) (4) The department shall establish a procedure that substantially meets the requirements of subsections (1) and (2) of this section when permitting an applicant to renew a license or identicard by mail or by electronic commerce.

Sec. 42   RCW 9.94A.515 and 2006 c 277 s 6, 2006 c 228 s 9, 2006 c 191 s 2, 2006 c 139 s 2, 2006 c 128 s 3, and 2006 c 73 s 12 are each reenacted and amended to read as follows:

NEW SECTION.  Sec. 43   RCW 29A.08.145 (Late registration -- Special procedure) and 2006 c 97 s 2, 2006 c 246 s 10, 2004 c 267 s 113, 2003 c 111 s 213, & 1993 c 383 s 1 are each repealed.

NEW SECTION.  Sec. 44   (1) Sections 19 through 23, 25, and 26 of this act constitute a new chapter in Title 29A RCW, to be captioned "Provisional ballots."
     (2) RCW 29A.40.050, as amended by section 24 of this act, is recodified as a section in the new chapter created in subsection (1) of this section.

NEW SECTION.  Sec. 45   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 46   (1) Sections 1 and 17 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) The remainder of this act takes effect January 1, 2008.