CERTIFICATION OF ENROLLMENT

ENGROSSED SUBSTITUTE HOUSE BILL 1078

67TH LEGISLATURE

2021 REGULAR SESSION

ENGROSSED SUBSTITUTE HOUSE BILL 1078

ByHouse State Government & Tribal Relations (originally sponsored by Representatives Simmons, Young, Dolan, Berry, Fitzgibbon, J. Johnson, Wicks, Chopp, Wylie, Bateman, Ramos, Berg, Shewmake, Tharinger, Ramel, Ortiz-Self, Peterson, Gregerson, Walen, Goodman, Senn, Sells, Ryu, Valdez, Callan, Hackney, Morgan, Ormsby, Pollet, Riccelli, Taylor, Springer, Stonier, Lekanoff, Frame, Santos, Jacobsen, Macri, Davis, Bergquist, and Harris-Talley)

AN ACT Relating to restoring voter eligibility for all persons convicted of a felony offense who are not in total confinement under the jurisdiction of the department of corrections; amending RCW 29A.08.520, 29A.08.230, 29A.40.091, 10.64.140, 2.36.010, and 72.09.275; adding a new section to chapter 29A.04 RCW; and providing an effective date.

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

Sec. 1. RCW 29A.08.520 and 2013 c 11 s 19 are each amended to read as follows:

(1) For a felony conviction in a Washington state court, the right to vote is ((provisionally))automatically restored as long as the person is not ((under the authority))serving a sentence of total confinement under the jurisdiction of the department of corrections. For a felony conviction in a federal court or any state court other than a Washington state court, the right to vote is automatically restored as long as the person is no longer incarcerated. A person who has been convicted of a felony and is either sentenced to a term of total confinement under the jurisdiction of the department of corrections or otherwise incarcerated as provided for in this subsection must reregister to vote prior to voting.

(2)(((a) Once the right to vote has been provisionally restored, the sentencing court may revoke the provisional restoration of voting rights if the sentencing court determines that a person has willfully failed to comply with the terms of his or her order to pay legal financial obligations.

(5))) At least ((twice a year))once a month, the secretary of state shall compare the list of registered voters to a list of ((felons))persons who are not eligible to vote as provided in subsection((s)) (1) ((and (3))) of this section. If a registered voter is not eligible to vote as provided in this section, 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 secretary of state or county auditor shall send to the person at his or her last known voter registration address and at the department of corrections, if the person is ((under the authority))serving a sentence of total confinement under the jurisdiction of the department, a notice of the proposed cancellation and an explanation of the requirements for ((provisionally and permanently)) restoring the right to vote and reregistering. To the extent possible, the secretary of state shall time the comparison required by this subsection to allow notice and cancellation of voting rights for ineligible voters prior to a primary or general election.

(((6) The right to vote may be permanently restored by one of the following for each felony conviction:

(7)))(3) For the purposes of this section, ((a person is under the authority of the department of corrections if the person is:

(a) Serving)) a sentence of total confinement ((in the custody of the department of corrections; or

(b) Subject to community custody as defined in RCW 9.94A.030))does not include confinement imposed as a sanction for a community custody violation under RCW 9.94A.633(1).

Sec. 2. RCW 29A.08.230 and 2020 c 208 s 4 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 will have lived at this address in Washington for at least thirty days immediately before the next election at which I vote, and I am at least sixteen years old((,)). I am not disqualified from voting due to a court order, and I am not ((under))currently serving a sentence of total confinement under the jurisdiction of the department of corrections ((supervision)) for a Washington felony conviction, and I am not currently incarcerated for a federal or out-of-state felony conviction."

Sec. 3. RCW 29A.40.091 and 2020 c 12 s 1 are each amended to read as follows:

(1) The county auditor shall send each voter a ballot, a security envelope in which to conceal the ballot after voting, a larger envelope in which to return the security envelope, a declaration that the voter must sign, and instructions on how to obtain information about the election, how to mark the ballot, and how to return the ballot to the county auditor. The calendar date of the election must be prominently displayed in bold type, twenty-point font or larger, on the envelope sent to the voter containing the ballot and other materials listed in this subsection:

(a) For all general elections in 2020 and after;

(b) For all primary elections in 2021 and after; and

(c) For all elections in 2022 and after.

(2) The voter must swear under penalty of perjury that he or she meets the qualifications to vote, and has not voted in any other jurisdiction at this election. 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))is serving a sentence of total confinement under the jurisdiction of the department of corrections for a felony conviction or is currently incarcerated for a federal or out-of-state felony conviction; and it is illegal to cast a ballot or sign a ballot declaration on behalf of another voter. The ballot materials must provide space for the voter to sign the declaration, indicate the date on which the ballot was voted, and include a telephone number.

(3) For overseas and service voters, the signed declaration constitutes the equivalent of a voter registration. Return envelopes for overseas and service voters must enable the ballot to be returned postage free if mailed through the United States postal service, United States armed forces postal service, or the postal service of a United States foreign embassy under 39 U.S.C. 3406.

(4) The voter must be instructed to either return the ballot to the county auditor no later than 8:00 p.m. the day of the election or primary, or mail the ballot to the county auditor with a postmark no later than the day of the election or primary. Return envelopes for all election ballots must include prepaid postage. Service and overseas voters must be provided with instructions and a privacy sheet for returning the ballot and signed declaration by fax or email. A voted ballot and signed declaration returned by fax or email must be received by 8:00 p.m. on the day of the election or primary.

(5) The county auditor's name may not appear on the security envelope, the return envelope, or on any voting instructions or materials included with the ballot if he or she is a candidate for office during the same year.

(6) For purposes of this section, "prepaid postage" means any method of return postage paid by the county or state.

NEW SECTION.  Sec. 4. A new section is added to chapter 29A.04 RCW to read as follows:

"Total confinement" has the same meaning as in RCW 9.94A.030, but a sentence of total confinement does not include confinement imposed as a sanction for a community custody violation under RCW 9.94A.633(1).

Sec. 5. RCW 10.64.140 and 2009 c 325 s 5 are each amended to read as follows:

(1) When a person is convicted of a felony and sentenced to a term of total confinement under the jurisdiction of the department of corrections, the court shall require the defendant to sign a statement acknowledging that:

(a) The defendant's right to vote has been lost due to the felony conviction and sentence to a term of total confinement;

(b) If the defendant is registered to vote, the voter registration will be canceled;

(c) The right to vote is ((provisionally))automatically restored as long as the defendant is not ((under the authority))serving a sentence of total confinement under the jurisdiction of the department of corrections;

(d) The defendant must reregister before voting; and

(e) ((The provisional right to vote may be revoked if the defendant fails to comply with all the terms of his or her legal financial obligations or an agreement for the payment of legal financial obligations;

(g))) Voting before the right is restored is a class C felony under RCW 29A.84.660.

(2) For the purposes of this section((, a person is under the authority of the department of corrections if the person is:

(a) Serving a)):

(a) A sentence of total confinement ((in the custody of the department of corrections; or

(b) Subject to community custody as defined in RCW 9.94A.030))does not include confinement imposed as a sanction for a community custody violation under RCW 9.94A.633(1).

(b) "Total confinement" has the same meaning as in RCW 9.94A.030.

Sec. 6. RCW 2.36.010 and 2019 c 41 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) A jury is a body of persons temporarily selected from the qualified inhabitants of a particular district, and invested with power—

(a) To present or indict a person for a public offense.

(b) To try a question of fact.

(2) "Court" when used without further qualification means any superior court or court of limited jurisdiction in the state of Washington.

(3) "Judge" means every judicial officer authorized to hold or preside over a court. For purposes of this chapter "judge" does not include court commissioners or referees.

(4) "Juror" means any person summoned for service on a petit jury, grand jury, or jury of inquest as defined in this chapter.

(5) "Grand jury" means those twelve persons impaneled by a superior court to hear, examine, and investigate evidence concerning criminal activity and corruption.

(6) "Petit jury" means a body of persons twelve or less in number in the superior court and six in number in courts of limited jurisdiction, drawn by lot from the jurors in attendance upon the court at a particular session, and sworn to try and determine a question of fact.

(7) "Jury of inquest" means a body of persons six or fewer in number, but not fewer than four persons, summoned before the coroner or other ministerial officer, to inquire of particular facts.

(8) "Jury source list" means the list of all registered voters for any county, merged with a list of licensed drivers and identicard holders who reside in the county. The list shall specify each person's name and residence address and conform to the methodology and standards set pursuant to the provisions of RCW 2.36.054 or by supreme court rule. The list shall be filed with the superior court by the county auditor.

(9) "Master jury list" means the list of prospective jurors from which jurors summoned to serve will be randomly selected. The master jury list shall be either randomly selected from the jury source list or may be an exact duplicate of the jury source list.

(10) "Jury term" means a period of time of one or more days, not exceeding two weeks for counties with a jury source list that has at least seventy thousand names and one month for counties with a jury source list of less than seventy thousand names, during which summoned jurors must be available to report for juror service.

(11) "Juror service" means the period of time a juror is required to be present at the court facility. This period of time may not extend beyond the end of the jury term, and may not exceed one week for counties with a jury source list that has at least seventy thousand names, and two weeks for counties with a jury source list of less than seventy thousand names, except to complete a trial to which the juror was assigned during the service period.

(12) "Jury panel" means those persons randomly selected for jury service for a particular jury term.

(13) "Civil rights restored" means a person's right to vote has been ((provisionally or permanently))automatically restored prior to reporting for jury service.

Sec. 7. RCW 72.09.275 and 2019 c 43 s 1 are each amended to read as follows:

(1) The department shall notify ((an inmate))a person, in writing, of the process for ((provisional and permanent)) restoration of voting rights, as described in RCW 29A.08.520, prior to the ((termination of authority of the department over the inmate))release from, or transfer to partial confinement from, total confinement under the jurisdiction of the department of corrections unless a person is being released from a department of corrections facility to an out-of-state jurisdiction or federal detention center, pursuant to a felony conviction. The department shall also provide the ((inmate))person with:

(((1)))(a) A voter registration form and written instructions for returning the form by mail; and

(((2)))(b) Written information regarding registering to vote in person and electronically.

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