BILL REQ. #:  H-4457.2 

Read first time 01/23/08.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to voter registration integrity; amending RCW 2.36.072, 29A.08.010, 29A.08.110, 29A.08.113, 29A.08.115, 29A.08.125, 29A.08.210, 29A.08.440, 29A.08.510, and 29A.08.520; reenacting and amending RCW 29A.60.165; adding a new section to chapter 29A.08 RCW; and prescribing penalties.

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

Sec. 1   RCW 2.36.072 and 1993 c 408 s 9 are each amended to read as follows:
     (1) Each court shall establish a means to preliminarily determine by a written declaration signed under penalty of perjury by the person summoned, the qualifications set forth in RCW 2.36.070 of each person summoned for jury duty prior to their appearance at the court to which they are summoned to serve.
     (2) Upon receipt by the summoning court of a written declaration stating that a declarant does not meet the qualifications set forth in RCW 2.36.070, that declarant shall be excused from appearing in response to the summons. If a person summoned to appear for jury duty fails to sign and return a declaration of his or her qualifications to serve as a juror prior to appearing in response to a summons and is later determined to be unqualified for one of the reasons set forth in RCW 2.36.070, that person shall not be entitled to any compensation as provided in RCW 2.36.150.
     (3) Information provided to the court for preliminary determination of statutory qualification for jury duty may only be used for the term such person is summoned and may not be used for any other purpose, except ((that)) under the following circumstances:
     (a) The court, or designee, may report a change of address or nondelivery of summons of persons summoned for jury duty to the county auditor; and
     (b) The summoning court must immediately notify the applicant, county auditor, and secretary of state if it receives a written declaration or otherwise learns that a declarant does not meet the qualifications set forth in RCW 2.36.070 (1), (2), (3), or (5).

Sec. 2   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" 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) Full legal 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; and
     (7) A check or indication confirming that the individual has not been convicted of a felony and, if the individual has been convicted of a felony, that voting rights have been restored.
     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. 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.
     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. 3   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 the applicant's full legal name, complete valid residence address, date of birth, signature attesting to the truth of the information provided, a mark in the check-off box confirming United States citizenship, a mark in the check-off box confirming no felony conviction or, if the applicant has a felony conviction, proof of restoration of voting rights, 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. 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 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. 4   RCW 29A.08.113 and 2005 c 246 s 7 are each amended 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 on or before 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)) voter provides the identification no later than the day before certification of the primary or election.
     (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. 5   RCW 29A.08.115 and 2005 c 246 s 8 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 county auditor ((at least once weekly)) within five days of receipt of a completed application form. The registration date on such forms will be the date they are received by the secretary of state or county auditor.

Sec. 6   RCW 29A.08.125 and 2005 c 246 s 9 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 database 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))) (3) The county auditor shall subsequently record each consecutive date upon which the individual has voted and retain all such consecutive dates.

Sec. 7   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 legal 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) A check box allowing the applicant to indicate whether he or she has ever been convicted of a felony;
     (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))) (13) A check box and declaration confirming that the applicant is a citizen of the United States;
     (((13))) (14) 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))) (15) 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))) (16) The oath required by RCW 29A.08.230 and a space for the applicant's signature; and
     (((16))) (17) 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. 8   RCW 29A.08.440 and 2003 c 111 s 231 are each amended to read as follows:
     To maintain a valid voter registration, a person who changes his or her legal name shall notify the county auditor regarding the name change in one of the following ways: (1) By sending the auditor a notice clearly identifying the name under which he or she is registered to vote, the voter's new full legal name, and the voter's residence. Such a notice must be signed by the voter using both this former name and the voter's new full legal name; (2) by appearing in person before the auditor or a registration assistant and signing such a change-of-name notice; (3) by signing such a change-of-name notice at the voter's precinct polling place on the day of a primary or special or general election; (4) by properly executing a name change on a mail-in registration application or a prescribed state agency application.
     A properly registered voter who files a change-of-name notice at the voter's precinct polling place during a primary or election and who desires to vote at that primary or election shall sign the poll book using the voter's former and new names in the same manner as is required for the change-of-name notice.

Sec. 9   RCW 29A.08.510 and 2004 c 267 s 124 are each amended to read as follows:
     ((In addition to case-by-case maintenance under RCW 29A.08.620 and 29A.08.630 and the general program of maintenance of voter registration lists under RCW 29A.08.605,)) Deceased voters will be canceled from voter registration lists as follows:
     (1) ((Periodically)) Monthly, the registrar of vital statistics of the state shall prepare a list of persons who resided in each county, for whom a death certificate was transmitted to the registrar and was not included on a previous list, and shall supply the list to the secretary of state.
     The secretary of state shall compare this monthly list with the registration records and cancel the registrations of deceased voters ((within at least forty-five days before the next primary or election)).
     (2) In addition, each county auditor may also use newspaper obituary articles as a source of information in order to cancel a voter's registration from the official state voter registration list. The auditor must verify the identity of the voter by matching the voter's date of birth or an address. The auditor shall record the date and source of the obituary in the cancellation records.
     (3) In addition, any registered voter may sign a statement, subject to the penalties of perjury, to the effect that to his or her personal knowledge or belief another registered voter is deceased. This statement may be filed with the county auditor or the secretary of state. Upon the receipt of such signed statement, the county auditor or the secretary of state shall cancel the registration ((records concerned)) from the official state voter registration list.
     (4) Once each year, the secretary of state shall conduct an audit of county registration records regarding cancellation of deceased voters. The audit shall consist of a comparison of the deceased voter information received with the county registration records to ensure that the appropriate cancellations are made.

Sec. 10   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,))
     (2) 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)) semiannual comparison of a list of known felons 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 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))) (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.
     (4) Once each year, the secretary of state shall conduct an audit of county registration records regarding cancellation of felon voters. The audit shall consist of a comparison of the felon voter information received and the county registration records to ensure that the appropriate cancellations are made.

NEW SECTION.  Sec. 11   A new section is added to chapter 29A.08 RCW to read as follows:
     Whenever the secretary of state or a county auditor receives information from the courts regarding a juror's ineligibility to serve based on age, citizenship, residence, or felony conviction pursuant to RCW 2.36.072(3)(b), the secretary or county auditor shall verify the reason for ineligibility and take appropriate action to cancel or transfer the registration. If the reason for ineligibility for jury duty is based on felony conviction, procedures in RCW 29A.08.520 must be followed.

Sec. 12   RCW 29A.60.165 and 2006 c 209 s 4 and 2006 c 208 s 1 are each reenacted and amended to read as follows:
     (1) If the voter neglects to sign the ((outside envelope of)) oath on an absentee or provisional ballot envelope, signs the oath with a mark and fails to have two witnesses attest to the signature, or signs the ballot envelope but the signature on the envelope does not match the signature on the voter registration record, the auditor shall notify the voter by first class mail ((and advise the voter)) of the correct procedures for ((completing the unsigned affidavit)) curing the signature. If ((the)) such an absentee ballot is not received within three business days of the final meeting of the canvassing board, or the voter has been notified by first class mail and has not responded by at least three business days before the final meeting of the canvassing board, ((then)) the auditor shall attempt to notify the voter by telephone, using information in the voter registration record ((information)).
     ((In order for the ballot to be counted)) (2) If the voter neglects to sign the oath on an absentee or provisional ballot envelope, or signs the oath with a mark and fails to have two witnesses attest to the signature, the voter must either:
     (a) Appear in person and sign the envelope no later than the day before ((the)) certification of the primary or election; or
     (b) Sign a copy of the envelope provided by the auditor, and return it to the auditor no later than the day before ((the)) certification of the primary or election.
     (((2)(a) If the handwriting of the signature on an absentee or provisional ballot envelope is not the same as the handwriting of the signature on the registration file, the auditor shall notify the voter by first class mail, enclosing a copy of the envelope affidavit, and advise the voter of the correct procedures for updating his or her signature on the voter registration file. If the absentee or provisional ballot is received within three business days of the final meeting of the canvassing board, or the voter has been notified by first class mail and has not responded at least three business days before the final meeting of the canvassing board, then the auditor shall attempt to notify the voter by telephone, using the voter registration record information. In order for the ballot to be counted)) (3) If the signature on the oath of an absentee or provisional ballot envelope does not match the signature on the voter registration record, the voter must ((either)):
     (((i)))(a) Appear in person and sign a new registration form no later than the day before ((the)) certification of the primary or election. The updated signature provided on the new registration form becomes the signature on the voter registration record for the current election and future elections; ((or
     (ii))) (b) Sign a copy of the affidavit provided by the auditor and ((return it to the auditor no later than the day before the certification of the primary or election. The voter may enclose with the affidavit)) provide a photocopy of a valid government or tribal issued identification document that includes the voter's current signature. ((If)) The signatures on ((the copy of)) the affidavit ((does not match the signature on file or the signature on the copy of)), the identification ((document, the voter must appear in person and sign a new registration form)), and the ballot envelope must all match. The voter must return the signed affidavit and the identification to the auditor no later than the day before ((the)) certification of the primary or election ((in order for the ballot to be counted)). The county auditor may also send the voter a new registration form to update the signature on the voter registration record for future elections; or
     (c) Sign a copy of the affidavit provided by the auditor in front of two witnesses who are registered voters and who attest to the signature. The signature on the affidavit must match the signature on the ballot envelope. The voter must return the signed affidavit to the auditor no later than the day before certification of the primary or election. The county auditor may also send the voter a new registration form to update the signature on the voter registration record for future elections.
     (((b))) (4) If the signature on an absentee or provisional ballot envelope is not the same as the signature on the registration ((file)) record because the name is different, the ballot may be counted as long as the handwriting is clearly the same. The auditor shall send the voter a change-of-name form under RCW 29A.08.440 and direct the voter to complete the form. (((c))) If the signature on an absentee or provisional ballot envelope is not the same as the signature on the registration ((file)) record because the voter used initials or a common nickname, the ballot may be counted as long as the surname and handwriting are clearly the same.
     (((3))) (5) A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.
     (((4))) (6) A record must be kept of all ballots with missing and mismatched signatures. The record must contain the date on which the voter was contacted or the notice was mailed, as well as the date on which the voter signed the envelope, a copy of the envelope, a new registration form, or a change-of-name form. That record is a public record under chapter 42.56 RCW and may be disclosed to interested parties on written request.