BILL REQ. #: Z-0495.1
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/19/09. Referred to Committee on Government Operations & Elections.
AN ACT Relating to voter registration; amending RCW 29A.04.079, 29A.04.109, 29A.04.163, 29A.04.210, 29A.08.010, 29A.08.030, 29A.08.105, 29A.08.107, 29A.08.110, 29A.08.115, 29A.08.125, 29A.08.130, 29A.08.135, 29A.08.140, 29A.08.210, 29A.08.230, 29A.08.260, 29A.08.310, 29A.08.330, 29A.08.350, 29A.08.410, 29A.08.420, 29A.08.430, 29A.08.440, 29A.08.510, 29A.08.520, 29A.08.610, 29A.08.625, 29A.08.630, 29A.08.635, 29A.08.640, 29A.08.720, 29A.08.760, 29A.40.010, 29A.40.020, 29A.40.061, 29A.40.091, 29A.60.235, and 46.20.155; reenacting and amending RCW 29A.04.611, 29A.08.620, and 29A.40.110; and repealing RCW 29A.04.103, 29A.08.040, 29A.08.113, 29A.08.145, 29A.08.360, 29A.08.605, 29A.08.651, and 29A.08.780.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 29A.04.079 and 2003 c 111 s 114 are each amended to
read as follows:
An "infamous crime" is a crime punishable by death in the state
penitentiary or imprisonment in a state correctional facility. Neither
an adjudication in juvenile court pursuant to chapter 13.40 RCW, nor a
conviction for a misdemeanor or gross misdemeanor, is an "infamous
crime."
Sec. 2 RCW 29A.04.109 and 2003 c 111 s 119 are each amended to
read as follows:
"Overseas voter" means any elector of the state of Washington
outside the territorial limits of the United States ((or the District
of Columbia)).
Sec. 3 RCW 29A.04.163 and 2003 c 111 s 127 are each amended to
read as follows:
"Service voter" means any elector 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 member of a reserve component of the armed forces,
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. 4 RCW 29A.04.210 and 2003 c 111 s 133 are each amended to
read as follows:
Except for service and overseas voters, only ((a)) persons
registered ((voter)) to vote shall be permitted to vote:
(1) At any election held for the purpose of electing persons to
public office;
(2) At any recall election of a public officer;
(3) At any election held for the submission of a measure to any
voting constituency;
(4) At any primary election.
This section does not apply to elections where being registered to
vote is not a prerequisite to voting.
Sec. 5 RCW 29A.04.611 and 2006 c 207 s 1 and 2006 c 206 s 2 are
each reenacted and amended to read as follows:
The secretary of state as chief election officer shall make
reasonable rules in accordance with chapter 34.05 RCW not inconsistent
with the federal and state election laws to effectuate any provision of
this title and to facilitate the execution of its provisions in an
orderly, timely, and uniform manner relating to any federal, state,
county, city, town, and district elections. To that end the secretary
shall assist local election officers by devising uniform forms and
procedures.
In addition to the rule-making authority granted otherwise by this
section, the secretary of state shall make rules governing the
following provisions:
(1) The maintenance of voter registration records;
(2) The preparation, maintenance, distribution, review, and filing
of precinct maps;
(3) Standards for the design, layout, and production of ballots;
(4) The examination and testing of voting systems for
certification;
(5) The source and scope of independent evaluations of voting
systems that may be relied upon in certifying voting systems for use in
this state;
(6) Standards and procedures for the acceptance testing of voting
systems by counties;
(7) Standards and procedures for testing the programming of vote
tallying software for specific primaries and elections;
(8) Standards and procedures for the preparation and use of each
type of certified voting system including procedures for the operation
of counting centers where vote tallying systems are used;
(9) Standards and procedures to ensure the accurate tabulation and
canvassing of ballots;
(10) Consistency among the counties of the state in the preparation
of ballots, the operation of vote tallying systems, and the canvassing
of primaries and elections;
(11) Procedures to ensure the secrecy of a voter's ballot when a
small number of ballots are counted at the polls or at a counting
center;
(12) The use of substitute devices or means of voting when a voting
device at the polling place is found to be defective, the counting of
votes cast on the defective device, the counting of votes cast on the
substitute device, and the documentation that must be submitted to the
county auditor regarding such circumstances;
(13) Procedures for the transportation of sealed containers of
voted ballots or sealed voting devices;
(14) The acceptance and filing of documents via electronic
facsimile;
(15) Voter registration applications and records;
(16) The use of voter registration information in the conduct of
elections;
(17) The coordination, delivery, and processing of voter
registration records accepted by driver licensing agents or the
department of licensing;
(18) The coordination, delivery, and processing of voter
registration records accepted by agencies designated by the governor to
provide voter registration services;
(19) Procedures to receive and distribute voter registration
applications by mail;
(20) Procedures for a voter to change his or her voter registration
address within a county by telephone;
(21) Procedures for a voter to change the name under which he or
she is registered to vote;
(22) Procedures for canceling dual voter registration records and
for maintaining records of persons whose voter registrations have been
canceled;
(23) Procedures for the electronic transfer of voter registration
records between county auditors and the office of the secretary of
state;
(24) Procedures and forms for declarations of candidacy;
(25) Procedures and requirements for the acceptance and filing of
declarations of candidacy by electronic means;
(26) Procedures for the circumstance in which two or more
candidates have a name similar in sound or spelling so as to cause
confusion for the voter;
(27) Filing for office;
(28) The order of positions and offices on a ballot;
(29) Sample ballots;
(30) Independent evaluations of voting systems;
(31) The testing, approval, and certification of voting systems;
(32) The testing of vote tallying software programming;
(33) Standards and procedures to prevent fraud and to facilitate
the accurate processing and canvassing of absentee ballots and mail
ballots, including standards for the approval and implementation of
hardware and software for automated signature verification systems;
(34) Standards and procedures to guarantee the secrecy of absentee
ballots and mail ballots;
(35) Uniformity among the counties of the state in the conduct of
absentee voting and mail ballot elections;
(36) Standards and procedures to accommodate ((out-of-state
voters,)) overseas voters((,)) and service voters;
(37) The tabulation of paper ballots before the close of the polls;
(38) The accessibility of polling places and registration
facilities that are accessible to elderly and disabled persons;
(39) The aggregation of precinct results if reporting the results
of a single precinct could jeopardize the secrecy of a person's ballot;
(40) Procedures for conducting a statutory recount;
(41) Procedures for filling vacancies in congressional offices if
the general statutory time requirements for availability of absentee
ballots, certification, canvassing, and related procedures cannot be
met;
(42) Procedures for the statistical sampling of signatures for
purposes of verifying and canvassing signatures on initiative,
referendum, and recall election petitions;
(43) Standards and deadlines for submitting material to the office
of the secretary of state for the voters' pamphlet;
(44) Deadlines for the filing of ballot titles for referendum bills
and constitutional amendments if none have been provided by the
legislature;
(45) Procedures for the publication of a state voters' pamphlet;
(46) Procedures for conducting special elections regarding nuclear
waste sites if the general statutory time requirements for availability
of absentee ballots, certification, canvassing, and related procedures
cannot be met;
(47) Procedures for conducting partisan primary elections;
(48) Standards and procedures for the proper conduct of voting
during the early voting period to provide accessability for the blind
or visually impaired;
(49) Standards for voting technology and systems used by the state
or any political subdivision to be accessible for individuals with
disabilities, including nonvisual accessibility for the blind and
visually impaired, in a manner that provides the same opportunity for
access and participation, including privacy and independence, as other
voters;
(50) All data formats for transferring voter registration data on
electronic or machine-readable media for the purpose of administering
the statewide voter registration list required by the Help America Vote
Act (P.L. 107-252);
(51) Defining the interaction of electronic voter registration
election management systems employed by each county auditor to maintain
a local copy of each county's portion of the official state list of
registered voters;
(52) Provisions and procedures to implement the state-based
administrative complaint procedure as required by the Help America Vote
Act (P.L. 107-252);
(53) Facilitating the payment of local government grants to local
government election officers or vendors; and
(54) Standards for the verification of signatures on absentee,
mail, and provisional ballot envelopes.
Sec. 6 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)) (1) 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))) (a) Name;
(((2))) (b) Residential address;
(((3))) (c) 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;)) (d) A signature attesting to the truth of the information
provided on the application; and
(5)
(((6))) (e) A check or indication in the box confirming the
individual is a United States citizen.
(2) 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.
(3) All other information supplied is ancillary and not to be used
as grounds for not registering an applicant to vote.
(4) 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. 7 RCW 29A.08.030 and 2005 c 246 s 3 are each amended to read
as follows:
The definitions set forth in this section apply throughout this
chapter, unless the context clearly requires otherwise.
(1) "Verification notice" means a notice sent by the county auditor
or secretary of state to a voter registration applicant and is used to
verify or collect information about the applicant in order to complete
the registration. The verification notice must be designed to include
a postage prepaid, preaddressed return form by which the applicant may
verify or send information.
(2) "Acknowledgement notice" means a notice sent by nonforwardable
mail by the county auditor or secretary of state to a registered voter
to acknowledge a voter registration transaction, which can include
initial registration, transfer, or reactivation of an inactive
registration. An acknowledgement notice may be a voter registration
card.
(3) "Identification notice" means a notice sent to a provisionally
registered voter to confirm the applicant's identity.
(4) "Confirmation notice" means a notice sent to a registered voter
by first-class forwardable mail at the address indicated on the voter's
permanent registration record and to any other address at which the
county auditor or secretary of state could reasonably expect mail to be
received by the voter in order to confirm the voter's residence
address. The confirmation notice must be designed to include a postage
prepaid, preaddressed return form by which the registrant may verify
the address information.
Sec. 8 RCW 29A.08.105 and 2004 c 267 s 105 are each amended to
read as follows:
(1) In compliance with the Help America Vote Act (P.L. 107-252),
the centralized statewide voter registration list maintained by the
secretary of state is the official list of eligible voters for all
elections.
(2) In all counties, the county auditor shall be the chief
registrar of voters for every precinct within the county. ((The
auditor may appoint registration assistants to assist in registering
persons residing in the county. Each registration assistant holds
office at the pleasure of the county auditor and must be a registered
voter.))
(3) The county auditor shall ensure that mail-in voter registration
application forms are readily available to the public at locations to
include but not limited to the elections office, and all common
schools, fire stations, and public libraries.
Sec. 9 RCW 29A.08.107 and 2005 c 246 s 4 are each amended to read
as follows:
(1) ((The secretary of state must review the information provided
by each voter registration applicant to ensure that)) If the
((provided)) driver's license number, state identification card number,
or last four digits of the Social Security number provided by the
applicant match the information maintained by the Washington department
of licensing or the Social Security administration, and the applicant
provided all information required by RCW 29A.08.010, the applicant must
be registered to vote. ((If a match cannot be made, the secretary of
state or county auditor must correspond with the applicant to resolve
the discrepancy.))
(2) If the applicant fails to respond to any correspondence
required in this section to confirm information provided on a voter
registration application within forty-five days, the applicant will not
be registered to vote. The secretary of state shall forward the
application to the appropriate county auditor for document storage.
(3) Only after the secretary of state has confirmed that the
provided driver's license number, state identification card number, or
last four digits of the applicant's Social Security number match
existing records with the Washington department of licensing or the
Social Security administration, or determined that the applicant does
not have a driver's license number, state identification card number,
or Social Security number may the applicant be placed on the official
list of registered voters.
(4) In order to prevent duplicate registration records, all
complete voter registration applications must be screened against
existing voter registration records in the official statewide voter
registration list. If a match of an existing record is found in the
official list, the record must be updated with the new information
provided on the application. If the new information indicates that the
voter has changed his or her county of residence, the application must
be forwarded to the voter's new county of residence for processing.
(2) If the driver's license number, state identification card
number, or last four digits of the Social Security number provided by
the applicant do not match the information maintained by the Washington
department of licensing or the Social Security administration, or if
the applicant does not provide a Washington driver's license, a
Washington state identification card, or a Social Security number, the
applicant must be provisionally registered to vote. An identification
notice must be sent to the voter to obtain the correct driver's license
number, state identification card number, last four digits of the
Social Security number, or one of the following forms of alternate
identification:
(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, other than a voter registration card,
that shows both the name and address of the voter.
(3) The ballot of a provisionally registered voter may not be
counted until the voter provides a driver's license number, a state
identification card number, or the last four digits of a Social
Security number that matches the information maintained by the
Washington department of licensing or the Social Security
administration, or until the voter provides alternate identification.
The identification must be provided no later than the day before
certification of the primary or election. If the voter provides one of
the forms of identification in subsection (2) of this section, the
voter's registration status must be changed from provisionally
registered to registered.
(4) The requirements of this section do not apply to an overseas or
service voter who registers to vote by signing the return envelope of
an absentee ballot.
Sec. 10 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 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, 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.)) information required by RCW 29A.08.010. 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. Any mailing address provided shall be
used only for mail delivery purposes, and not for precinct assignment
or residency purposes. Within ((
(2) If the information required in subsection (1) of this section
is complete,forty-five)) sixty days after the
receipt of an application ((but no later than seven days before the
next primary, special election, or general election)) or transfer, the
auditor shall send to the applicant, by first-class nonforwardable
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))) (2) 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)) application is not complete, the auditor shall
promptly mail a verification notice to the applicant. The verification
notice shall require the applicant to provide the missing information.
If the applicant provides the required information within forty-five
days, the applicant shall be registered to vote as of the original date
of application. The applicant shall not be placed on the official list
of registered voters until the application is complete.
Sec. 11 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 three business days. The
registration date on such forms will be the date they are received by
the secretary of state or county auditor.
Sec. 12 RCW 29A.08.125 and 2005 c 246 s 9 are each amended to
read as follows:
(1) The office of the secretary of state shall maintain a statewide
voter registration database. This database must be a centralized,
uniform, interactive computerized statewide voter registration list
that contains the name and registration information of every registered
voter in the state.
(2) The statewide list is the official list of registered voters
for the conduct of all elections.
(3) The statewide list must include, but is not limited to, the
name, date of birth, residence address, signature, gender, and date of
registration of every legally registered voter in the state.
(4) A unique identifier must be assigned to each registered voter
in the state.
(5) The database must be coordinated with other government
databases within the state including, but not limited to, the
department of corrections, the department of licensing, the department
of health, the administrative office of the courts, and county
auditors. The database may also be coordinated with the databases of
election officials in other states.
(6) Authorized employees of the secretary of state and each county
auditor must have immediate electronic access to the information
maintained in the database.
(7) Voter registration information received by each county auditor
must be electronically entered into the database. The office of the
secretary of state must provide support, as needed, to enable each
county auditor to enter and maintain voter registration information in
the state database.
(8) The secretary of state has data authority over all voter
registration data.
(9) The voter registration database must be designed to accomplish
at a minimum, the following:
(a) Comply with the help America vote act of 2002 (P.L. 107-252);
(b) Identify duplicate voter registrations;
(c) Identify suspected duplicate voters;
(d) Screen against any available databases maintained by other
government agencies to identify voters who are ineligible to vote due
to a felony conviction, lack of citizenship, or mental incompetence;
(e) Provide images of voters' signatures for the purpose of
checking signatures on initiative and referendum petitions;
(f) Provide for a comparison between the voter registration
database and the department of licensing change of address database;
(g) Provide access for county auditors that includes the
capability to update registrations and search for duplicate
registrations; and
(h) Provide for the cancellation of registrations of voters who
have moved out of state.
(10) The secretary of state may, upon agreement with other
appropriate jurisdictions, screen against any available databases
maintained by election officials in other states and databases
maintained by federal agencies including, but not limited to, the
federal bureau of investigation, the federal court system, the federal
bureau of prisons, and the bureau of citizenship and immigration
services.
(11) The database shall retain information regarding previous
successful appeals of proposed cancellations of registrations in order
to avoid repeated cancellations for the same reason.
(12) Each county auditor shall maintain a ((computer file
containing a copy of each record)) list of all registered voters within
the county that are 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.)) In addition to the information
maintained in the statewide database, the county database must also
maintain the applicable taxing district and precinct codes for each
voter in the county, and ((
(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,the last date on)) a list of elections in
which the individual voted.
(((4) The county auditor shall subsequently record each consecutive
date upon which the individual has voted and retain all such
consecutive dates.))
(13) Each county auditor shall allow electronic access and
information transfer between the county's voter registration system and
the official statewide voter registration list.
Sec. 13 RCW 29A.08.130 and 2003 c 111 s 210 are each amended to
read as follows:
(((1) Except as otherwise specified by this title, registered
voters include those assigned to active and inactive status by the
county auditor.)) Election officials shall not include inactive voters in the
count of registered voters for the purpose of dividing precincts,
creating vote-by-mail precincts, determining voter turnout, or other
purposes in law for which the determining factor is the number of
registered voters. Election officials shall not include persons who
are ongoing absentee voters under RCW 29A.40.040 in determining the
maximum permissible size of vote-by-mail precincts or in determining
the maximum permissible size of precincts. Nothing in this
((
(2)subsection)) section may be construed as altering the vote tallying
requirements of RCW 29A.60.230.
Sec. 14 RCW 29A.08.135 and 2004 c 267 s 111 are each amended to
read as follows:
((The county auditor shall acknowledge each new voter registration
or transfer by providing or sending the voter a card identifying his or
her current precinct and containing such other information as may be
prescribed by the secretary of state.)) (1) When a person who has
previously registered to vote in another state applies for voter
registration in Washington, the person shall provide on the
registration form((,)) all information needed to cancel any previous
registration. Notification must be made to the state elections office
of the applicant's previous state of registration.
(2) A county auditor receiving official information that a voter
has registered to vote in another state shall immediately cancel that
voter's registration on the official state voter registration list.
Sec. 15 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.))
(1) In order to vote in any primary, special election, or general
election, a person who is not registered to vote in Washington must:
(a) Submit a registration application no later than twenty-nine
days before the day of the primary, special election, or general
election; or
(b) Register in person at the county auditor's office in his or her
county of residence no later than eight days before the day of the
primary, special election, or general election. A person registering
under this subsection will be issued an absentee ballot.
(2) A person who is already registered to vote in Washington may
update his or her registration no later than twenty-nine days before
the day of the primary, special election, or general election to be in
effect for that primary, special election, or general election. A
registered voter who fails to transfer his or her residential address
by this deadline may vote according to his or her previous registration
address.
(3) Prior to each primary and general election, 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)) registration deadlines by one publication in a
newspaper of general circulation in the county at least thirty-five
days before the ((closing of the precinct files.)) primary or general election.
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. 16 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 former address of the ((last former registration of the))
applicant ((as a voter in the state)) if previously registered to vote;
(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;)) 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;
(9)
(((10))) (9) A check box allowing the applicant to confirm that he
or she is ((at least)) eighteen years of age or will be eighteen years
of age by the next election;
(((11))) (10) 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))) (11) A check box and declaration confirming that the
applicant is a citizen of the United States;
(((13))) (12) 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:)) (13) The oath required by RCW 29A.08.230 and a space for the
applicant's signature; and
"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))) (14) 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. 17 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)) the right to vote 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 years old when I vote."
Sec. 18 RCW 29A.08.260 and 2004 c 267 s 118 are each amended to
read as follows:
The county auditor shall distribute forms by which a person may
register to vote by mail and transfer any previous registration in this
state. The county auditor shall keep a supply of voter registration
forms in his or her office at all times for political parties and
others interested in assisting in voter registration, and shall make
every effort to make these forms generally available to the public.
The county auditor shall provide voter registration forms to city and
town clerks, state offices, schools, fire stations, public libraries,
and any other locations considered appropriate by the auditor or
secretary of state for extending registration opportunities to all
areas of the county. After the initial distribution of voter
registration forms to a given location, a representative designated by
the official in charge of that location shall notify the county auditor
of the need for additional voter registration supplies.
Sec. 19 RCW 29A.08.310 and 2003 c 111 s 222 are each amended to
read as follows:
(1) The governor, in consultation with the secretary of state,
shall designate agencies to provide voter registration services in
compliance with federal statutes.
(2) Each state agency designated shall provide voter registration
services for employees and the public within each office of that
agency.
(3) The secretary of state shall design and provide a standard
notice informing the public of the availability of voter registration,
which notice shall be posted in each state agency where such services
are available.
(4) ((The secretary of state shall design and provide standard
voter registration forms for use by these state agencies.)) Each institution of higher education shall put in place an
active prompt on its course registration web site, or similar web site
that students actively and regularly use, that, if selected, will link
the student to the secretary of state's voter registration web site.
The prompt must ask the student if he or she wishes to register to
vote.
(5)
Sec. 20 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?"
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)) transmit the
applications to the secretary of state or appropriate county auditor
within three business days.
Sec. 21 RCW 29A.08.350 and 2004 c 267 s 120 are each amended to
read as follows:
(((1) The secretary of state shall provide for the voter
registration forms submitted under RCW 29A.08.340 to be collected from
each driver's licensing facility within five days of their completion.)) The department of licensing shall produce and transmit to the
secretary of state ((
(2)a machine-readable file containing)) the following
information from the records of each individual who requested a voter
registration or transfer at a driver's license facility ((during each
period for which forms are transmitted under subsection (1) of this
section)): The name, address, date of birth, gender of the applicant,
the driver's license number, and the date on which the application for
voter registration or transfer was submitted((, and the location of the
office at which the application was submitted)). The secretary of
state shall process the registrations and transfers as an electronic
application.
(((3) The voter registration forms from the driver's licensing
facilities must be forwarded to the county in which the applicant has
registered to vote no later than ten days after the date on which the
forms were to be collected.))
(4) For a voter registration application where the address for
voting purposes is different from the address in the machine-readable
file received from the department of licensing, the secretary of state
shall amend the record of that application in the machine-readable file
to reflect the county in which the applicant has registered to vote.
(5) The secretary of state shall sort the records in the machine-readable file according to the county in which the applicant registered
to vote and produce a file of voter registration transactions for each
county. The records of each county may be transmitted on or through
whatever medium the county auditor determines will best facilitate the
incorporation of these records into the existing voter registration
files of that county.
(6) The secretary of state shall produce a list of voter
registration transactions for each county and transmit a copy of this
list to that county with each file of voter registration transactions
no later than ten days after the date on which that information was to
be transmitted under subsection (1) of this section.
Sec. 22 RCW 29A.08.410 and 2003 c 111 s 228 are each amended to
read as follows:
((To maintain a valid voter registration,)) A registered voter who
changes his or her residence from one address to another within the
same county ((shall)) may transfer his or her registration to the new
address in one of the following ways:
(1) Sending ((to)) the county auditor a ((signed)) request stating
both the voter's present address and the address from which the voter
was last registered;
(2) Appearing in person before the county auditor and ((signing))
making such a request;
(3) ((transferring the registration in the manner provided by RCW
29A.08.430; or)) Telephoning or e-mailing the county auditor to transfer the
registration((
(4). The telephone call transferring a registration by
telephone must be received by the auditor before the precinct
registration files are closed to new registrations for the next primary
or special or general election in which the voter participates)); or
(4) Submitting a voter registration application.
Sec. 23 RCW 29A.08.420 and 2004 c 267 s 122 are each amended to
read as follows:
A registered voter who changes his or her residence from one county
to another county must do so ((in writing using a prescribed)) by
submitting a voter registration form. The county auditor of the
voter's new county shall transfer the voter's registration from the
county of the previous registration.
Sec. 24 RCW 29A.08.430 and 2004 c 267 s 123 are each amended to
read as follows:
(1) A ((person who is)) registered ((to vote in this state)) voter
may submit a transfer of his or her voter registration on the day of a
primary, special election, or general election ((or primary under the
following procedures:)) by completing
a voter registration form ((
(a) The voter may complete, at the polling place,designed by the secretary of state and
supplied by the county auditor; or)).
(b) For a change within the county, the voter may write in his or
her new residential address in the precinct list of registered voters.
The county auditor shall determine which of these two procedures
are to be used in the county or may determine that both procedures are
to be available to voters for use in the county
(2) A voter who requests to transfer((s)) his or her registration
((in the manner authorized by this section)) after the deadlines
established in RCW 29A.08.140 shall vote in the precinct in which he or
she was previously registered.
(((3) The auditor shall, within sixty days, mail to each voter who
has transferred a registration under this section, an acknowledgement
notice detailing his or her current precinct and polling place.))
Sec. 25 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)) A registered
voter who changes his or her name shall notify the county auditor
regarding the name change ((in one of the following ways: (1) By
sending the auditor)) by submitting a notice clearly identifying the
name under which he or she is registered to vote, the voter's new 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 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)), and providing a signature of the new name, or by
submitting a voter 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. 26 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,)) The registrations of deceased voters
((will)) may be canceled from voter registration lists as follows:
(1) Periodically, 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 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 government
agencies and newspaper obituary articles as a source of information
((in order to cancel a voter's registration from the official state
voter registration list)) for identifying deceased voters and canceling
a registration. 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)) information 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.
Sec. 27 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 comparison of a list of known felons with
the statewide voter registration list. If a ((person)) registered
voter is found on a ((felon)) reliable list ((and the statewide voter
registration list)) of felons who are ineligible to vote, the secretary
of state or county auditor shall confirm the match through a name and
date of birth comparison and suspend the voter registration from the
official state voter registration list. The ((canceling authority))
secretary of state 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.
Sec. 28 RCW 29A.08.610 and 2004 c 267 s 129 are each amended to
read as follows:
((In addition to the case-by-case cancellation procedure required
in RCW 29A.08.420,)) The secretary of state((,)) shall conduct an
ongoing list maintenance program designed to detect persons registered
in more than one county or voting in more than one county in an
election. This program must be applied uniformly throughout the state
and must be nondiscriminatory in its application. ((The program must
be completed not later than thirty days before the date of a primary or
general election.))
The office of the secretary of state shall search the statewide
voter registration list to find registered voters with the same date of
birth and similar names. Once the potential duplicate registrations
are identified, the secretary of state shall refer the potential
duplicate registrations to the appropriate county auditors, who shall
compare the signatures on each voter registration record and, after
confirming that a duplicate registration exists properly resolve the
duplication.
If a voter is suspected of voting in two or more counties in an
election, the county auditors in each county shall cooperate without
delay to determine the voter's county of residence. The county auditor
of the county of residence of the voter suspected of voting in two or
more counties shall take action under RCW 29A.84.010 without delay.
Sec. 29 RCW 29A.08.620 and 2004 c 267 s 130 and 2004 c 266 s 8
are each reenacted and amended to read as follows:
(1) ((A)) Each county auditor must request change of address
information from the postal service for all absentee and mail ballots.
A voter who votes at the polls must be mailed an election-related
document, with change of address information requested, at least once
every two years and at least ninety days prior to the date of a primary
or general election for federal office.
(2) The county auditor shall ((assign a registered voter to
inactive status and shall send the voter a confirmation notice if any
of the following documents are returned by the postal service as
undeliverable:)) transfer the registration of a voter
and send an acknowledgement notice to the new address informing the
voter of the transfer if change of address information received by the
county auditor from the postal service, the department of licensing, or
another agency designated to provide voter registration services
indicates that the voter has moved within the county.
(a) An acknowledgement of registration;
(b) An acknowledgement of transfer to a new address;
(c) A vote-by-mail ballot, absentee ballot, or application for a
ballot;
(d) Notification to a voter after precinct reassignment;
(e) Notification to serve on jury duty; or
(f) Any other document other than a confirmation notice, required
by statute, to be mailed by the county auditor to the voter.
(2) A county auditor shall also assign a registered voter to
inactive status and shall send the voter a confirmation notice:
(a) Whenever change of address information received from the
department of licensing under RCW 29A.08.350, or by any other agency
designated to provide voter registration services under RCW 29A.08.310,
indicates that the voter has moved to an address outside the state; or
(b) If the auditor receives postal change of address information
under RCW 29A.08.605, indicating
(3) The county auditor shall place a voter on inactive status and
send to all known addresses a confirmation notice and a voter
registration application if change of address information received by
the county auditor from the postal service, the department of
licensing, or another agency designated to provide voter registration
services indicates that the voter has moved from one county to another.
(4) The county auditor shall place a voter on inactive status and
send to all known addresses a confirmation notice if any of the
following occur:
(a) Any document mailed by the county auditor to a voter is
returned by the postal service as undeliverable without address
correction information; or
(b) Change of address information received from the postal service,
the department of licensing, or another state agency designated to
provide voter registration services indicates that the voter has moved
out of the state.
Sec. 30 RCW 29A.08.625 and 2003 c 111 s 240 are each amended to
read as follows:
(1) A voter whose registration has been made inactive under this
chapter and who ((offers)) requests to vote at an ensuing election
before two federal general elections have been held must be allowed to
vote a regular ballot applicable to the registration address, and the
voter's registration restored to active status.
(2) A voter whose registration 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.
Sec. 31 RCW 29A.08.630 and 2004 c 267 s 131 are each amended to
read as follows:
The county auditor shall return an inactive voter to active voter
status if, ((during the period beginning on the date the voter was
assigned to inactive status and ending on the day of the second)) prior
to the passage of two federal general elections ((for federal office
that occurs after the date that the voter was sent a confirmation
notice)), the voter:
(1) Notifies the auditor of a change of address ((within the
county));
(2) Responds to a confirmation notice with information that ((the
voter)) he or she continues to reside at the registration address; or
(3) Votes or attempts to vote in a primary ((or a)), special
election, or general election ((and resides within the county; or signs
any petition authorized by statute for which the signatures are
required by law to be verified by the county auditor or secretary of
state)). If the inactive voter fails to provide such a notice or take
such an action within that period, the auditor shall cancel the
person's voter registration.
Sec. 32 RCW 29A.08.635 and 2003 c 111 s 242 are each amended to
read as follows:
Confirmation notices must be on a form prescribed by, or approved
by, the secretary of state and must request that the voter confirm that
he or she continues to reside at the address of record and desires to
continue to use that address for voting purposes. The notice must
inform the voter that if the voter does not respond to the notice and
does not vote in either of the next two federal general elections, his
or her voter registration will be canceled.
Sec. 33 RCW 29A.08.640 and 2004 c 267 s 132 are each amended to
read as follows:
(1) If the response to the confirmation notice ((provides the
county auditor with the information indicating)) from the voter
indicates that the voter has moved within the county, the auditor shall
transfer the voter's registration and send the voter an acknowledgement
notice.
(2) If the response from the voter indicates ((a move out of a))
that the voter moved out of the county, but within the state, the
auditor shall ((place the registration in inactive status for transfer
pending acceptance by the county indicated by the new address. The
auditor shall immediately notify the auditor of the county with the new
address)) cancel the voter's registration and notify the county auditor
of the voter's new county of residence.
(3) If the response from the voter indicates that the voter has
left the state, the auditor shall cancel the voter's registration on
the official state voter registration list.
Sec. 34 RCW 29A.08.720 and 2005 c 246 s 18 are each amended to
read as follows:
(1) In the case of voter registration records received through the
department of licensing or an agency designated under RCW 29A.08.310,
the identity of the office or agency at which any particular individual
registered to vote is not available for public inspection and shall not
be disclosed to the public. ((In the case of voter registration
records received through an agency designated under RCW 29A.08.310, the
identity of the agency at which any particular individual registered to
vote is not available for public inspection and shall not be disclosed
to the public.)) Any record of a particular individual's choice not to
register to vote at an office of the department of licensing or a state
agency designated under RCW 29A.08.310 is not available for public
inspection and any information regarding such a choice by a particular
individual shall not be disclosed to the public.
(2) Subject to the restrictions of RCW 29A.08.710 and 40.24.060,
poll books, precinct lists, and current lists of registered voters are
public records and must be made available for public inspection and
copying under such reasonable rules and regulations as the county
auditor or secretary of state may prescribe. The county auditor or
secretary of state shall promptly furnish current lists of registered
voters in his or her possession, at actual reproduction cost, to any
person requesting such information. The lists shall not be used for
the purpose of mailing or delivering any advertisement or offer for any
property, establishment, organization, product, or service or for the
purpose of mailing or delivering any solicitation for money, services,
or anything of value. However, the lists and labels may be used for
any political purpose. The county auditor or secretary of state must
provide a copy of RCW 29A.08.740 to the person requesting the material
that is released under this section.
(3) For the purposes of this section, "political purpose" means a
purpose concerned with the support of or opposition to any candidate
for any partisan or nonpartisan office or concerned with the support of
or opposition to any ballot proposition or issue. "Political purpose"
includes, but is not limited to, such activities as the advertising for
or against any candidate or ballot measure or the solicitation of
financial support.
Sec. 35 RCW 29A.08.760 and 2004 c 267 s 134 are each amended to
read as follows:
The secretary of state shall provide a duplicate copy of the master
statewide computer file or electronic data file of registered voters to
the department of information services for purposes of creating the
jury source list without cost. Restrictions as to the commercial use
of the information on the statewide computer tape or data file of
registered voters, and penalties for its misuse, shall be the same as
provided in RCW ((29A.08.730)) 29A.08.720 and 29A.08.740.
Sec. 36 RCW 29A.40.010 and 2003 c 111 s 1001 are each amended to
read as follows:
Any registered voter of the state or any ((out-of-state voter,))
overseas voter((,)) or service voter may vote by absentee ballot in any
general election, special election, or primary in the manner provided
in this chapter. ((Out-of-state voters,)) Overseas voters((,)) and
service voters are authorized to cast the same ballots, including those
for special elections, as a registered voter of the state would receive
under this chapter.
Sec. 37 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. 38 RCW 29A.40.061 and 2004 c 271 s 134 are each amended to
read as follows:
(1) The county auditor shall issue an absentee ballot for the
primary or election for which it was requested, or for the next
occurring primary or election when ongoing absentee status has been
requested if the information contained in a request for an absentee
ballot or ongoing absentee status received by the county auditor is
complete and correct and the applicant is qualified to vote under
federal or state law. Otherwise, the county auditor shall notify the
applicant of the reason or reasons why the request cannot be accepted.
Whenever two or more candidates have filed for the position of precinct
committee officer for the same party in the same precinct, the contest
for that position must be presented to absentee voters from that
precinct by either including the contest on the regular absentee ballot
or a separate absentee ballot. The ballot must provide space
designated for writing in the name of additional candidates.
(2) A registered voter may obtain a replacement ballot if the
ballot is destroyed, spoiled, lost, or not received by the voter. The
voter may obtain the ballot by telephone request, by mail,
electronically, or in person. The county auditor shall keep a record
of each replacement ballot provided under this subsection.
(3) A copy of the state voters' pamphlet must be sent to
((registered voters temporarily outside the state, out-of-state
voters,)) overseas voters((,)) and service voters along with the
absentee ballot if such a pamphlet has been prepared for the primary or
election and is available to the county auditor at the time of mailing.
The county auditor shall mail all absentee ballots and related material
to overseas and service voters ((outside the territorial limits of the
United States and the District of Columbia under 39 U.S.C. 3406)).
Sec. 39 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 the day of the
election or primary for which the ballot was issued.
If the county auditor chooses to forward absentee ballots, he or
she must include with the ballot a clear explanation of the
qualifications necessary to vote in that election and must also advise
a voter with questions about his or her eligibility to contact the
county auditor. This explanation may be provided on the ballot
envelope, on an enclosed insert, or printed directly on the ballot
itself. If the information is not included, the envelope must clearly
indicate that the ballot is not to be forwarded and that return postage
is guaranteed.
Sec. 40 RCW 29A.40.110 and 2006 c 207 s 4 and 2006 c 206 s 6 are
each reenacted and amended to read as follows:
(1) The opening and subsequent processing of return envelopes for
any primary or election may begin upon receipt. The tabulation of
absentee ballots must not commence until after 8:00 p.m. on the day of
the primary or election.
(2) All received absentee return envelopes must be placed in secure
locations from the time of delivery to the county auditor until their
subsequent opening. After opening the return envelopes, the county
canvassing board shall place all of the ballots in secure storage until
after 8:00 p.m. of the day of the primary or election. Absentee
ballots that are to be tabulated on an electronic vote tallying system
may be taken from the inner envelopes and all the normal procedural
steps may be performed to prepare these ballots for tabulation.
(3) Before opening a returned absentee ballot, the canvassing
board, or its designated representatives, shall examine the postmark,
statement, and signature on the return envelope that contains the
security envelope and absentee ballot. All personnel assigned to
verify signatures must receive training on statewide standards for
signature verification. Personnel shall verify that the voter's
signature on the return envelope is the same as the signature of that
voter in the registration files of the county. Verification may be
conducted by an automated verification system approved by the secretary
of state. For any absentee ballot, a variation between the signature
of the voter on the return envelope and the signature of that voter in
the registration files due to the substitution of initials or the use
of common nicknames is permitted so long as the surname and handwriting
are clearly the same.
(4) For registered voters casting absentee ballots, the date on the
return envelope to which the voter has attested determines the
validity, as to the time of voting for that absentee ballot if the
postmark is missing or is illegible. For ((out-of-state voters,))
overseas voters((,)) and service voters ((stationed in the United
States)), the date on the return envelope to which the voter has
attested determines the validity as to the time of voting for that
absentee ballot.
Sec. 41 RCW 29A.60.235 and 2005 c 243 s 11 are each amended to
read as follows:
(1) The county auditor shall prepare, make publicly available at
the auditor's office or on the auditor's web site, and submit at the
time of certification an election reconciliation report that discloses
the following information:
(a) The number of registered voters;
(b) The number of ballots counted;
(c) The number of provisional ballots issued;
(d) The number of provisional ballots counted;
(e) The number of provisional ballots rejected;
(f) The number of absentee ballots issued;
(g) The number of absentee ballots counted;
(h) The number of absentee ballots rejected;
(i) The number of federal write-in ballots counted;
(j) The number of ((out-of-state,)) overseas((,)) and service
ballots issued;
(k) The number of ((out-of-state,)) overseas((,)) and service
ballots counted; and
(l) The number of ((out-of-state,)) overseas((,)) and service
ballots rejected.
(2) The county auditor shall prepare and make publicly available at
the auditor's office or on the auditor's web site within thirty days of
certification a final election reconciliation report that discloses the
following information:
(a) The number of registered voters;
(b) The total number of voters credited with voting;
(c) The number of poll voters credited with voting;
(d) The number of provisional voters credited with voting;
(e) The number of absentee voters credited with voting;
(f) The number of federal write-in voters credited with voting;
(g) The number of ((out-of-state,)) overseas((,)) and service
voters credited with voting;
(h) The total number of voters credited with voting even though
their ballots were postmarked after election day and were not counted;
and
(i) Any other information the auditor deems necessary to reconcile
the number of ballots counted with the number of voters credited with
voting.
(3) The county auditor may also prepare such reports for
jurisdictions located, in whole or in part, in the county.
Sec. 42 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?"
If the applicant chooses to register or transfer a registration,
the agent shall ask the following:
(1) "Are you a United States citizen?"
(2) "Are you or will you be eighteen years of age on or before the
next election?"
If the applicant answers in the affirmative to both questions, the
agent shall then ((provide the applicant with a voter registration form
and instructions and shall record that the applicant has requested to
register to vote or transfer a voter)) submit the registration or
transfer. If the applicant answers in the negative to either question,
the agent shall not ((provide the applicant with)) submit a voter
registration ((form)) application.
(2) The department shall establish a procedure that substantially
meets the requirements of subsection (1) of this section when
permitting an applicant to renew a license or identicard by mail or by
electronic commerce.
NEW SECTION. Sec. 43 The following acts or parts of acts are
each repealed:
(1) RCW 29A.04.103 (Out-of-state voter) and 2003 c 111 s 118;
(2) RCW 29A.08.040 ("Person," "political purpose.") and 2003 c 111
s 202 & 1973 1st ex.s. c 111 s 1;
(3) RCW 29A.08.113 (Alternative forms of identification--Voting
procedure) and 2005 c 246 s 7;
(4) RCW 29A.08.145 (Late registration -- Special procedure) and 2006
c 97 s 2, 2005 c 246 s 10, 2004 c 267 s 113, 2003 c 111 s 213, & 1993
c 383 s 1;
(5) RCW 29A.08.360 (Address changes at department of licensing) and
2004 c 267 s 121 & 2003 c 111 s 227;
(6) RCW 29A.08.605 (Registration list maintenance) and 2004 c 267
s 128 & 2003 c 111 s 236;
(7) RCW 29A.08.651 (Voter registration database) and 2005 c 246 s
16 & 2004 c 267 s 101; and
(8) RCW 29A.08.780 (State and county list interchange) and 2004 c
267 s 137.