Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW
29A.08.810 and 2023 c 466 s 28 are each amended to read as follows:
(1) Registration of a person as a voter is presumptive evidence of his or her right to vote. A challenge to the person's right to vote must be based on personal knowledge of one of the following:
(a) The challenged voter has been convicted of a felony that includes serving a sentence of total confinement under jurisdiction of the department of corrections, or a felony conviction in another state's court or federal court and the voter is serving that sentence of total confinement and the person's voting rights have not been restored under RCW
29A.08.520;
(b) The challenged voter has been judicially declared ineligible to vote due to mental incompetency under RCW
29A.08.515;
(c) The challenged voter resides at a different address than the residential address provided, and is not subject to RCW
29A.04.151 or
29A.08.112, in which case the challenger must either:
(i) Provide the challenged voter's actual residence on the challenge form; or
(ii) Submit evidence that he or she exercised due diligence to verify that the challenged voter does not reside at the address provided. The challenger must, at minimum, provide evidence that the challenger personally((:
(A) Sent))sent a certified letter with return service requested to the challenged voter's residential address provided, and to the challenged voter's mailing address, if provided, using a form provided by the office of the secretary of state outlining the reason for the challenge;
(((B) Searched local telephone directories, including online directories, to determine whether the voter maintains a telephone listing at any address in the county;
(C) Searched county auditor property records to determine whether the challenged voter owns any property in the county;
(D) Searched the statewide voter registration database to determine if the voter is registered at any other address in the state; and
(E) Searched the voter registration database of another state to determine if the voter is registered to vote in any other state;))
(d) The challenged voter will not be eighteen years of age by the next general election; or
(e) The challenged voter is not a citizen of the United States.
(2) A person's right to vote may be challenged by another registered voter or the county prosecuting attorney.
(3)
(a)(i) The challenger must file a separate voter registration challenge form or official electronic voter challenge form, as provided under RCW 29A.08.850, for each voter whose registration is challenged.(ii) Each form must include:
(A) The challenger's name, address, and contact information;
(B) The challenged voter's name and registered voting address;
(C) A statement of the factual basis for the challenge, including any information required by subsection (1)(c) of this section. Challenges must be based on personal knowledge and belief, which for these purposes is defined as firsthand knowledge through experience or observation of the facts upon each ground that the challenge is based, and contain any documentation or evidence supporting the facts upon which each ground for the challenge is based;
(D) The challenger's signature certifying that all information provided in the form is true and correct; and
(E) A clear statement providing that such certification is subject to penalty of perjury under chapter 9A.72 RCW. (b) The challenger must file a
separate signed affidavit subject to the penalties of perjury
under chapter 9A.72 RCW swearing that, to his or her personal knowledge and belief, having exercised due diligence to personally verify the evidence presented, the challenged voter either is not qualified to vote or does not reside at the address given on his or her voter registration record based on one of the reasons allowed in subsection (1) of this section. The challenger must provide the factual basis for the challenge, including any information required by subsection (1)(c) of this section, in the signed affidavit. The challenge may not be based on unsupported allegations or allegations by anonymous third parties. All documents pertaining to the challenge are public records.
(4) Challenges based on a felony conviction under RCW
29A.08.520 must be heard according to RCW
29A.08.520 and rules adopted by the secretary of state.
Sec. 2. RCW
29A.08.820 and 2023 c 466 s 29 are each amended to read as follows:
(1) Challenges must be filed with the county auditor of the county in which the challenged voter is registered no later than 45 days before the election. The county auditor or the county auditor's designee presides over the hearing.
(2) Challenges may be filed after 45 days before the election, only when the challenged voter registered to vote less than 60 days before the election, or changed residence less than 60 days before the election without updating the residence address of the voter's voter registration. A challenge may then be filed not later than 10 days before any primary or election, general or special, or within 10 days of the voter being added to the voter registration database, whichever is later.
(a) If the challenge is filed after 45 days before an election at which the challenged voter is eligible to vote, a notation of the challenge must be made immediately to the challenged voter's registration in the voter registration system, and the county canvassing board shall preside over the hearing.
(b) If the challenge is filed before the challenged voter's ballot is received, the ballot must be processed as a challenged ballot, and held until the challenge is resolved.
(c) If the challenge is filed after the challenged voter's ballot is received, the challenge cannot affect the current election. However, the process shall proceed until the challenge is resolved.
Sec. 3. RCW
29A.08.835 and 2023 c 466 s 30 are each amended to read as follows:
(1) The county auditor shall, within ((
seventy-two hours))
five business days of receipt, publish on the auditor's internet website the entire content of any voter challenge filed under
this chapter ((
29A.08 RCW)). Immediately after publishing any voter challenge, the county auditor shall notify any person who requests to receive such notifications on an ongoing basis.
(2) The information on the website may be removed 45 days following ((certification of an election))the completion or dismissal of the challenge. Information related to the challenge must be maintained by the county auditor for the appropriate retention period, and is subject to disclosure upon request.
Sec. 4. RCW
29A.08.840 and 2023 c 466 s 31 are each amended to read as follows:
(1) If the challenge is not in proper form or the factual basis for the challenge does not meet the legal grounds for a challenge, the county auditor may dismiss the challenge and notify the challenger of the reasons for the dismissal. A challenge is not in proper form if it is incomplete on its face or does not substantially comply with the form issued by the secretary of state.
(2) Prior to any hearing the county auditor shall attempt to informally resolve the challenge through one or more of the following methods:
(a) Contact the challenged voter in order to:
(i) Update the voter's residence address for voting within the county or state;
(ii) Confirm that the voter no longer considers themselves a resident for voting purposes and obtaining a cancellation signed by the voter; or
(iii) Learn whether the voter is currently residing at a temporary address with the intent to return to the registered address;
(b) Search the statewide voter registration database to determine if the voter has registered at another address within the state, and transfer the voter;
(d) If the challenger provides an out-of-state address for the challenged voter or provides evidence the challenged voter is registered to vote or voting more recently in another state, search the current official voter registration database for the jurisdiction provided, or contact the office of the election official in that jurisdiction and determine if the challenged voter has registered to vote or voted in that jurisdiction more recently than the voter's Washington state registration of voting.
(3) If the county auditor is successful in resolving the challenge through any of the methods contained in subsection (2) of this section, the auditor may dismiss the challenge and notify the challenger of the dismissal.
(4) If the challenge is in proper form ((and)), the factual basis meets the legal grounds for a challenge, and the challenge has not otherwise been resolved pursuant to subsection (2) or (3) of this section, the county auditor must formally notify the challenged voter and provide a copy of the affidavit. The county auditor shall also provide to any person, upon request, a copy of all materials provided to the challenged voter.
(a) The notice must be in a form provided by the secretary of state, sent by forwardable certified mail to the address provided in the voter registration record, and any other addresses at which the challenged voter is alleged to reside or the county auditor reasonably expects the voter to receive notice, and by email and phone, if the county auditor has such information in its records, and include:
(i) A copy of the challenge form and affidavit;
(ii) Methods by which the voter can confirm eligibility, including by mail, online, phone, in person, or at a scheduled hearing;
(iii) Notice of potential consequences for failing to respond to the challenge; and
(iv) For challenges based on a change of address, a clear statement that the voter remains registered and eligible to vote in that election.
(b) If the challenge is to the residential address provided by the voter, the challenged voter must be provided notice of the exceptions allowed in RCW
29A.08.112 and
29A.04.151, and Article VI, section 4 of the state Constitution, and may update the residence address on the voter's voter registration, or reregister until 8:00 p.m. the day of the election.
(((b)))(c) The county auditor must schedule a hearing and notify the challenger and the challenged voter of the time and place for the hearing.
(((3) All))(5) The notice must be sent by certified forwardable mail to the address provided in the voter registration record, and any other addresses at which the challenged voter is alleged to reside or the county auditor reasonably expects the voter to receive notice. The county auditor shall also notify the challenged voter by phone, including leaving a voicemail if possible, or email if the county auditor has such information in its records. If the county auditor receives no response from the challenged voter within 10 calendar days, the county auditor must provide the same such notice a second time. The secretary of state shall create a standard form for notification by mail and email. The challenger and challenged voter may either appear in person or submit testimony by affidavit. Personal appearance may be accomplished using video telecommunications technology if the auditor or canvassing board chooses.
((
(4)))
(6) The challenger has the burden to prove by clear and convincing evidence that the challenged voter's registration is improper. The challenged voter must be provided a reasonable opportunity to respond. If the challenge is to the residential address provided by the voter, the challenged voter may provide evidence that he or she resides at the location described in his or her voter's registration records, or meets one of the exceptions allowed in RCW
29A.08.112 or
29A.04.151, or Article VI, section 4 of the state Constitution. If either the challenger or challenged voter fails to appear at the hearing, the challenge must be resolved based on the available facts.
((
(5)))
(7)(a) If the challenge is based on an allegation under RCW
29A.08.810(1) (a), (b), (d), or (e) and the
county auditor, auditor's designee, or canvassing board sustains the challenge, the voter registration shall be canceled and any challenged ballot shall not be counted.
(b) If the challenge is based on an allegation under RCW
29A.08.810(1)(c) and the
county auditor, auditor's designee, or canvassing board sustains the challenge, ((
the board shall permit)) the voter
shall be permitted to correct the residence address on the voter registration and any races and ballot measures on any challenged ballot that the voter would have been qualified to vote for had the registration been correct shall be counted
if the challenge is sustained prior to certification of the election.
((
(6)))
(8) If the challenger fails to prove by clear and convincing evidence that the registration is improper, the challenge must be dismissed and any pending challenged ballot must be accepted as valid. All challenged ballots must be resolved before certification of the election. The decision of the county auditor or canvassing board is final subject only to judicial review by the superior court under chapter
34.05 RCW.
Sec. 5. RCW
29A.08.850 and 2006 c 320 s 7 are each amended to read as follows:
(1) The secretary of state must provide forms for voter registration challenges, and the county auditor must make such forms available. A challenge is not required to be submitted on the provided voter challenge form, but may be prepared using an official electronic voter challenge form template provided by the auditor or secretary of state that has been printed and signed by the challenger for submission.
(2) Each form must include:
(a) The challenger's name, address, and contact information;
(b) The challenged voter's name and registered voting address;
(c) A statement of the factual basis for the challenge as required under RCW 29A.08.810, including any information required by RCW 29A.08.810(1)(c); (d) The challenger's signature certifying that all information provided in the form is true and correct; and
(e) A clear statement providing that such certification is subject to penalty of perjury under chapter 9A.72 RCW."
• Restores current law that specifies the circumstances for which a county auditor must cancel an inactive voter registration.
• Restores current law allowing a challenger to provide the challenged voter's actual residence or evidence that the challenger exercised due diligence as verification that the challenged voter does not reside at the address provided, rather than requiring both the challenged voter's actual residence and evidence of due diligence.
• Removes the requirement that the person challenging another person's voter registration live in the same county as the challenged voter.
• Restores current law prohibiting challenges to a person's voter registration from being based on allegations by anonymous third parties, rather than on allegations by any third parties.
• Removes the requirements that the challenger must sign each affidavit by hand with ink and that electronically signed affidavits are rejected.
• Removes the specification that voters who do not receive ballots because their registration has been made inactive are not subject to voter registration challenges.
• Reduces the deadline for a county auditor to publish a voter challenge on the auditor's website from within 10 business days of receipt to within 5 business days of receipt.
• Restores current law making it permissive, rather than mandatory, that the county auditor dismiss a voter challenge if the challenge is not in proper form or the factual basis for the challenge does not meet the legal grounds for a challenge.
• Restores current law specifying that a challenge only need to comply substantially with the form issued by the Secretary of State for the challenge to be in proper form.
• Directs a county auditor to informally resolve a voter challenge instead of permitting the auditor to conduct an initial review of the merits of a challenge. Specifies the methods for informally resolving a challenge, which include:
o Searching the statewide voter registration database to determine if the voter is registered at another address;
o Searching the voter records of another state or contacting the applicable election office of another state, if the challenger provides an out-of-state address for the challenged voter.
• Removes the limitation that a hearing may only be scheduled if voter eligibility is not confirmed and there is probable cause that the challenged voter is not qualified to vote.
• Removes the requirement that a county auditor dismiss a challenge without a hearing if the auditor independently verifies voter eligibility at any point, and instead permits a county auditor to dismiss a challenge if the auditor successfully resolves through the informal methods.
• Removes the specifications for the contents of a hearing notice, which include a copy of the challenge form and affidavit, a method to confirm eligibility, notice of consequences for failing to respond, and how responding to the challenge may help the voter remain registered to vote.
• Removes the specification that voters who do not receive ballots because their registration has been made inactive are not subject to voter registration challenges.
• Restores current law that allows the challenger to either appear at the hearing in person or submit testimony by affidavit.
• Removes the requirement that a challenge be dismissed if the challenger fails to appear at the hearing.
• Restores current law requiring that a person challenging another person's voter registration prove that the challenged voter's registration is improper by clear and convincing evidence, rather than beyond a reasonable doubt.
• Removes the specification that a challenged voter is placed on inactive status if the voter does not provide their correct address by the day before the certification of an election.
• Removes the requirement that a challenged voter's registration is canceled and ballot not counted if the voter provides an out-of-state address or the challenge is sustained for registration challenges based on a voter residing at a different address than provided.
• Eliminates the offense and penalty of false swearing for knowingly providing false information as part of a voter registration challenge.
• Eliminates the offense and misdemeanor penalty for knowingly challenging a voter's registration without reasonable cause.