BILL REQ. #:  H-4305.1 

Read first time 01/15/08.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to allowing seventeen year olds to vote provided they will be eighteen years old at the next general election; amending RCW 29A.08.210, 29A.08.230, 29A.08.330, and 29A.08.810; and providing a contingent effective date.

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

Sec. 1   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) 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 seventeen years of age and will be at least eighteen years of age on or before the next general election;
     (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;
     (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. 2   RCW 29A.08.230 and 2003 c 111 s 218 are each amended to read as follows:
     For all voter registrations, the registrant shall sign the following oath:

     "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 immediately before the next election at which I vote, and I will be at least ((eighteen)) seventeen years old when I vote at the next primary and at least eighteen years old on or before the next general election."

Sec. 3   RCW 29A.08.330 and 2005 c 246 s 14 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)) at least seventeen years old and will you be at least eighteen years old on or before the next general 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.
     (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. 4   RCW 29A.08.810 and 2006 c 320 s 4 are each amended to read as follows:
     (1) Registration of a person as a voter is presumptive evidence of his or her right to vote. A challenge to the person's right to vote must be based on personal knowledge of one of the following:
     (a) The challenged voter has been convicted of a felony and the voter's civil rights have not been restored;
     (b) The challenged voter has been judicially declared ineligible to vote due to mental incompetency;
     (c) The challenged voter does not live at the residential address provided, in which case the challenger must either:
     (i) Provide the challenged voter's actual residence on the challenge form; or
     (ii) Submit evidence that he or she exercised due diligence to verify that the challenged voter does not reside at the address provided and to attempt to contact the challenged voter to learn the challenged voter's actual residence, including that the challenger personally:
     (A) Sent a letter with return service requested to the challenged voter's residential address provided, and to the challenged voter's mailing address, if provided;
     (B) Visited the residential address provided and contacted persons at the address to determine whether the voter resides at the address and, if not, obtained and submitted with the challenge form a signed affidavit subject to the penalties of perjury from a person who owns or manages property, resides, or is employed at the address provided, that to his or her personal knowledge the challenged voter does not reside at the address as provided on the voter registration;
     (C) Searched local telephone directories, including online directories, to determine whether the voter maintains a telephone listing at any address in the county;
     (D) Searched county auditor property records to determine whether the challenged voter owns any property in the county; and
     (E) Searched the statewide voter registration database to determine if the voter is registered at any other address in the state;
     (d) The challenged voter will not be ((eighteen)) seventeen years of age by the next primary or eighteen years of age by the next general election; or
     (e) The challenged voter is not a citizen of the United States.
     (2) A person's right to vote may be challenged: By another registered voter or the county prosecuting attorney at any time, or by the poll site judge or inspector if the challenge is filed on election day regarding a voter who presents himself or herself to vote at the poll site.
     (3) The challenger must file a signed affidavit subject to the penalties of perjury swearing that, to his or her personal knowledge and belief, having exercised due diligence to personally verify the evidence presented, the challenged voter either is not qualified to vote or does not reside at the address given on his or her voter registration record based on one of the reasons allowed in subsection (1) of this section. The challenger must provide the factual basis for the challenge, including any information required by subsection (1)(c) of this section, in the signed affidavit. The challenge may not be based on unsupported allegations or allegations by anonymous third parties. All documents pertaining to the challenge are public records.
     (4) Challenges based on a felony conviction under RCW 29A.08.520 must be heard according to RCW 29A.08.520 and rules adopted by the secretary of state.

NEW SECTION.  Sec. 5   This act takes effect if the proposed amendment to Article VI, section 1 of the state Constitution is validly submitted to and is approved and ratified by the voters at a general election held in November 2008. If the proposed amendment is not approved and ratified this act is void in its entirety.