WSR 98-19-063

PERMANENT RULES

SECRETARY OF STATE

[Filed September 16, 1998, 3:31 p.m.]



Date of Adoption: September 16, 1998.

Purpose: To implement chapter 138, Laws of 1998 (SHB 2351) and to simplify existing language regarding the administration of the address confidentiality program (ACP).

WAC 434-840-001, cites codified RCW instead of chapter laws of 1991.

WAC 434-840-005, cites codified RCW instead of chapter laws of 1991. Includes victims of sexual assault in ACP services provided by application assistants. Defines substitute mailing address.

WAC 434-840-010, clarifies that the substitute address may be used for work and school addresses as well as home address. Clarifies the effective date of program participation.

WAC 434-840-020, clarifies that the substitute address may be used for work and school addresses as well as home address. Clarifies existing language.

WAC 434-840-030, identifies the need for ACP to inform the county auditor when program participants renew their certification in the program.

WAC 434-840-040, removes current language that gives more authority to the program than is defined in RCW. Identifies the need for ACP to notify program participants that their certification has been terminated. Identifies the need for ACP to inform the county auditor when ACP terminates a program participant's certification.

WAC 434-840-060, removes language that gives more authority to the program than is defined in RCW.

WAC 434-840-070, cites codified RCW instead of chapter laws of 1991. Simplifies current language.

WAC 434-840-080, clarifies the methods by which program participants may be served legal documents. Cites codified RCW instead of chapter laws of 1991.

WAC 434-840-100, simplifies existing language regarding the methods used by program participants to apply for confidential records status.

WAC 434-840-110, allows authorized personnel to make a photocopy of a program participant's identification card.

WAC 434-840-200, simplifies existing language regarding the methods used by program participants to apply for confidential marriage license.

WAC 434-840-210, simplifies existing language regarding the methods used by program participants to apply for confidential marriage license.

WAC 434-840-220, clarifies the method for county auditors to maintain confidential marriage license application, certificate, or record for ACP participants who request it.

WAC 434-840-230, simplifies existing language regarding transmission of confidential marriage certificates to the Department of Health.

WAC 434-840-240, simplifies language describing the method by which a program participant may obtain a copy of their confidential certified marriage certificate.

WAC 434-840-310, simplifies language describing how program participants may apply for protected records voter status. Allows an ACP application for an "over-the-counter" absentee ballot to be made no later than the day before the election. Allows an ACP application for a "mail" ballot to be accepted no later than twenty days before the first election.

WAC 434-840-320, clarifies existing language regarding the county's protected records voter records.

WAC 434-840-330, requires county auditors to maintain a record of the ACP ballots issued and returned.

WAC 434-840-340, clarifies existing language for processing protected records voter ballots. Allows county auditors to notify protected records voter that they have neglected to sign the absentee ballot by mailing the voter a copy of their ballot envelope.

WAC 434-840-350, clarifies existing language for canvassing protected records voter ballots.

WAC 434-840-360, directs address confidentiality program to contact authorized personnel if protected records voter ballot is returned to the program by the post office.

Repeals WAC 434-840-050, 434-840-090, 434-840-120, 434-840-130, and 434-840-300.

Citation of Existing Rules Affected by this Order: Repealing WAC 434-840-050, 434-840-090, 434-840-120, 434-840-130, and 434-840-300; and amending WAC 434-840-001, 434-840-005, 434-840-010, 434-840-020, 434-840-030, 434-840-040, 434-840-060, 434-840-070, 434-840-080, 434-840-100, 434-840-110, 434-840-200, 434-840-210, 434-840-220, 434-840-230, 434-840-240, 434-840-310, 434-840-320, 434-840-330, 434-840-340, 434-840-350, and 434-840-360.

Statutory Authority for Adoption: RCW 40.24.090.

Adopted under notice filed as WSR 98-14-006 on June 19, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 22, repealed 5.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 23, repealed 5; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

August 6, 1998

Tracy Guerin

Deputy Secretary of State

OTS-2260.2

AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-001  Authority and purpose. These rules are adopted pursuant to ((chapter 40.__ RCW (sections 3(1), 3(3) and 9, chapter 23, Laws of 1991))) RCW 40.24.030 and 40.24.090. The purpose of this chapter is to provide the administrative procedures necessary to implement chapter ((23, Laws of 1991)) 40.24 RCW; to provide a procedure for state and local agencies to respond to requests for public records without disclosing the location of a program participant; to provide a procedure to facilitate interagency cooperation in providing ((record)) address confidentiality for a program participant; to establish uniform state-wide procedures for maintaining the confidentiality of a program participant's name and address information in marriage and voting records; and to provide a procedure for state and local agencies to accept a program participant's use of a substitute mailing address.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-001, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-005  Definitions. For the purposes of this chapter:

(1) "Address confidentiality program ((manager))" means the agency employee designated by the secretary of state with responsibility for developing and administering the program that implements the provisions of chapter ((23, Laws of 1991)) 40.24 RCW.

(2) "Agency" means an office, department, division, bureau, board, commission, or other statutory unit of state or local government or any functional subdivision of that agency.

(3) "Application assistant" means an employee of a state or local agency, or of a nonprofit program that provides counseling, referral, or shelter services to victims of sexual assault or domestic violence, who has been designated by the respective agency, and has been accepted and registered by the secretary of state to assist individuals in the completion of program participation applications.

(4) "Authorization card form" means the incomplete form for an authorization card on which no identifying program participant information has been entered.

(5) "Authorized personnel" means an employee of a county auditor's office, a county recording office, the Washington state department of health, or the office of the secretary of state who has been designated by the chief executive officer of the respective agency, to process and have access to voter application, voting records, ((and)) marriage applications and records pertaining to program participants.

(6) "Bona fide statutory or administrative requirement" means that without possession of an individual's actual address the agency is unable to fulfill its statutory duties and obligations.

(7) "Protected records voter" means a program participant who has applied and qualified as a service voter, as provided under RCW 29.01.155, with ongoing absentee ballot voter status, as provided under RCW 29.36.013.

(8) "Record" means any information relating to the conduct or performance of a governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.

(9) "Substitute mailing address ((for voting purposes))" means ((a)) the mailing address designated ((on the program participant's service voter application as the address to which the program participant's absentee ballots shall be sent, but)) by the secretary of state which shall not be the program participant's residential address as ((designated)) documented on her or his application for program participation.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-005, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-010  Application and certification process. (1) ((An applicant shall complete, date, sign, and)) The program applicant shall provide all the information required ((under section 3, chapter 23, Laws of 1991, and as requested on the standard application form and the authorization card form provided by the secretary of state)) on the certification application and date and sign the form. An applicant shall specify a Washington state residential address ((and the new address(es) in Washington state)), work, and school addresses, if any, for which confidentiality is requested. The standard application form shall also include the application preparation date, and the signature ((and registration number)) of the application assistant ((who assisted the applicant in applying to be a program participant,)) as provided in ((section 8, chapter 23, Laws of 1991)) RCW 40.24.080.

(2) An individual who has filed a properly completed application shall be certified as a program participant and issued a program participant authorization card. The authorization card shall include the program participant's name, authorization code, substitute mailing address, certification expiration date, and applicant's signature.

(3) A properly completed application shall be ((filed)) effective on the day ((that)) it is received by the address confidentiality program ((manager)).

(((3) An individual who has filed a properly completed application shall be certified as a program participant and issued a program participant authorization card which includes the program participant's name, authorization code, substitute mailing address, certification expiration date, and applicant's signature.))

(4) The term of a program participant's certification shall be four years following the ((filing)) effective date of her or his application unless the certification is withdrawn or invalidated before that date.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-010, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-020  Exercise of program participant's privileges. (1) At the time any state or local government agency creates a new record or updates an existing record, a program participant may request((, at the time of creation of a new record,)) that ((an)) the agency use the substitute mailing address ((designated by the secretary of state as her or his)) as the participant's residence, work and/or school address.

(2) A program participant shall show her or his authorization card to the agency official creating a new record and request address confidentiality through the use of the ((designated address)) substitute mailing address as it appears on the authorization card, in lieu of her or his actual location. ((The designated address shall appear on the program participant's authorization card.))

(3) ((Authorized personnel)) The agency official creating a new record may make a file photocopy of the authorization card and shall immediately return the authorization card to the program participant.

(4) An agency shall accept the ((designated)) substitute mailing address unless the agency has received a written ((record)) exemption ((determination)) from the secretary of state pursuant to RCW 40.24.050 and WAC 434-840-070.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-020, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-030  Certification renewal. (1) A program participant may renew her or his program ((participation)) certification by filing with the address confidentiality program ((manager)): (a) Her or his current authorization card; (b) a properly completed certification renewal form; and (c) a new authorization card form ((provided by the secretary of state)). The program participant shall ((complete, date, sign, and)) provide all the information required on the certification renewal form and date and sign the form.

(2) The address confidentiality program ((manager)) shall: (a) Certify a program participant, who has filed a properly completed certification renewal form, to participate in the program for an additional four year term unless the certification is withdrawn or invalidated before that date; (b) issue to the program participant a new authorization card which includes the program participant's name, authorization code, substitute mailing address, certification expiration date, and signature; ((and)) (c) if the participant is a protected records voter, notify in writing the authorized personnel of the appropriate county auditor's office((, county recording office, and department of health of the certification renewal of a program participant)); and (d) if the participant has a protected marriage license, notify in writing the authorized personnel of the department of health and the appropriate county auditor's office.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-030, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-040  Certification withdrawal, invalidation, expiration, and termination. (1) A program participant may withdraw from program participation by submitting to the address confidentiality program ((manager)): (((a))) Written notification of withdrawal and (((b))) her or his current authorization card. Certification shall be terminated on the date of receipt of this notification.

(2) The address confidentiality program ((manager may)) shall terminate a program participant's certification and invalidate her or his authorization card if: (a) The program participant's certification term has expired and certification renewal has not been completed; (b) the address confidentiality program ((manager)) has determined that (((i))) false information was used in the application process ((or (ii) participation in the program is being used as a subterfuge to avoid detection of illegal or criminal activity or apprehension by law enforcement; (c) the program participant no longer resides at the residential address listed on the application, and has not provided seven days' prior notice in writing of a change in address; (d) a service of process document or mail forwarded to the program participant by the address confidentiality program is returned as nondeliverable; (e))); or (c) the program participant obtains a legal name change((; (f) the program participant fails to attend a specified meeting or fails to meet agency regulatory compliance standards as provided in WAC 434-840-090; or (g) the program participant fails to submit program experience and information survey forms requested by the address confidentiality program manager)).

(3) The address confidentiality program may terminate a program participant's certification and invalidate her or his authorization card if: (a) The program participant no longer resides at the residential address listed on the application, and has not provided seven days' prior notice in writing of a change of address; or (b) first class mail, certified mail, or a service of process document forwarded to the program participant by the address confidentiality program is returned as nondeliverable or unclaimed.

(4) If termination is a result of subsection (2)(((a), or (c) through (g))) or (3) of this section, the address confidentiality program ((manager)) shall send written notification of the ((intended)) termination to ((the program participant)) the participant's last known mailing or residential address. The program participant shall have five business days in which to appeal the termination under procedures developed by the secretary of state.

(((4))) (5) The address confidentiality program shall notify the appropriate authorized personnel when a participant has been terminated from the program. The authorized personnel shall transmit to the address confidentiality program all appropriate administrative records pertaining to the participant. The transmitting agency is no longer responsible for maintaining record confidentiality for a terminated program participant under chapter 40.24 RCW.

(a) If the terminated participant had a protected marriage record, the address confidentiality program ((manager)) shall notify in writing authorized personnel of the department of health and the appropriate county auditor's office((, county recording office, and department of health of the program participant's certification withdrawal, invalidation, expiration, or termination.

(5) Upon receipt of this termination notification: (a) Authorized personnel shall transmit to the address confidentiality program manager all appropriate administrative records pertaining to the program participant, using the confidential record transmission envelopes specially designed for this purpose; and (b) the record transmitting agency is no longer responsible for maintaining a terminated program participant's record confidentiality as provided under chapter 23, Laws of 1991.

(6) Following termination of program participant certification as a result of subsection (2)(b) of this section, the address confidentiality program manager may disclose information contained in the program participant's application)) of the participant's termination.

(b) If the terminated participant was a protected records voter, the address confidentiality program shall notify in writing authorized personnel of the county auditor's office of the participant's termination.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-040, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-060  Information release to law enforcement ((or upon court order)) agency. ((The disclosure of any marriage application or record, or voter application record, or information about a program participant, requested by a law enforcement agency or by direction of court order pursuant to sections 6, 7, and 12, chapter 23, Laws of 1991:

(1) Shall be in response to receipt of a written or faxed request directed to a county auditor, a county recording officer, the secretary of state, or the secretary of health: (a))) A request from a law enforcement agency for release of records in a program participant's file shall be in writing, on agency letterhead stationery, and shall contain (((i))) the signature of the agency's chief law enforcement officer as defined in RCW 10.98.040, (((ii))) the request date, (((iii))) and the name of the program participant((, (iv) the cause or reason for the requested information disclosure, and (v) state the purpose which the requested information will serve; (b) the county auditor, county recording officer, secretary of state, secretary of health, or authorized personnel may disclose the requested information to the chief officer of the law enforcement agency or to the person identified in the court order; and (c) unless specifically prohibited by court order, the county auditor, county recording officer, secretary of health, or authorized personnel shall immediately notify the address confidentiality program manager and the program participant of this information disclosure and provide a copy of the information disclosure request; or

(2) May be made by the address confidentiality program manager in response to her or his determination that an emergency situation exists and that the safety or health of a program participant is imperiled by withholding this information.

(3) Program participant information disclosed to a law enforcement agency or to a person identified in a court order shall be maintained in strict confidentiality by the party receiving information)).



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-060, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-070  Agency exemption request. (1) An agency requesting an exemption under ((section 5, chapter 23, Laws of 1991)) RCW 40.24.050, must provide in writing to the secretary of state: (a) Identification of the statute or administrative rule which demonstrates the agency's bona fide requirement and authority for the use of the actual address of an individual; (b) identification and description of the specific record or record series for which the exemption is requested; (c) ((description of the specific record or record series; (d))) identification of the individuals who will have access to the record; (((e))) (d) explanation of how the agency's acceptance of a substitute address will prevent the agency from meeting its obligations under the statute or rule identified above; and (((f))) (e)(i) explanation of why the agency cannot meet its statutory or administrative obligations by a change in its internal procedures; and, where appropriate, (ii) description of any agency procedural change(s) that could be made that would allow it to accept the substitute address and meet its statutory or administrative obligations and an estimate of implementation time needed.

(2) The secretary of state shall file and review an agency's request for an exemption.

(3) During the review, evaluation and appeal of an agency's exemption request, the agency shall accept the use of a program participant's substitute address.

(4) The secretary of state's determination to grant or withhold a requested exemption shall be based on, but not limited to, an evaluation of the information provided under subsection (1) of this section in conformance with the statutory standard of a bona fide statutory or administrative requirement for the use of a program participant's actual address.

(5) If the secretary of state determines that an agency has a bona fide statutory or administrative requirement for the use of a program participant's actual address information and that the actual address information will be used only for those statutory and administrative purposes, the secretary may issue a written exemption ((determination)) for the agency. When granting an exemption, the secretary may include: (a) an agency's obligation to maintain the confidentiality of a program participant's address information; (b) limitations on use and access to that address information; (c) term during which the exemption is authorized for the agency; (d) designation of the record format on which the address information may be maintained; (e) designation of an address information disposition date after which the agency may no longer maintain a record of the address information; and (f) any other provisions and qualifications determined appropriate by the secretary of state.

(6) When a program participant requests use of the substitute address in a record, and the agency has received an exemption ((determination)) for that record, the agency shall immediately provide a copy of the written ((determination)) exemption to the requesting program participant. The agency shall notify the address confidentiality program ((manager)) of the occurrence and denial of the program participant's request.

(7) The secretary of state's denial of an agency exemption request shall be made in writing and include a statement of the specific reasons therefor.

(8) An agency may appeal the denial of its request by resubmitting its written request together with additional data, information, and an explanation of corrective action taken to alleviate concerns and considerations included in the secretary of state's denial determination.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-070, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-080  Service of process. (1) The secretary of state shall be an agent of the program participant upon whom any summons, writ, notice, demand, or process may be served.

(2) Service on the secretary of state of any such summons, writ, demand, notice, or process shall be made by mailing to the substitute address or by delivering to the ((address confidentiality program manager of the office of the)) secretary of state at his/her office in the Legislative Building, Olympia, WA: (a) Two copies of the summons, writ, notice, demand, or process; and (b) twenty-five dollars service-of-process fee for each action or document filed.

(3) If a summons, writ, notice, demand, or process is served on the secretary of state, the secretary of state shall immediately ((cause)) forward a copy ((to be forwarded)) to the program participant at the participant's current mailing address ((as)) shown on the records ((of the address confidentiality program)).

(4) The secretary of state shall ((keep)) maintain in the program participant's file, a record of all summonses, writs, notices, demands, and processes served upon the secretary of state for that participant under ((section 3(b) of chapter 23, Laws of 1991, and shall record the time)) RCW 40.24.030 (1)(b), which shall include the date of such service and the secretary of state's action.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-080, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-100  Acknowledgement for marriage and voting record confidentiality. (1) When a program participant requests ((name and address)) confidentiality for marriage records, both the program participant and her or his ((fiance(e))) intended spouse shall sign and date ((an acknowledgement form,)) a statement provided by the secretary of state, that ((specifies record)) describes access limitations on confidential marriage records.

(2) When a program participant requests ((name and address)) confidentiality for voting records, ((the program participant)) she or he shall sign ((an acknowledgement form,)) a statement provided by the secretary of state, that documents the date of this request and ((outlines)) the ongoing absentee ballot voting process to be used ((by protected record voters)).

(3) The ((county auditor, county recording officer, or)) authorized personnel shall keep the original copy of this signed acknowledgement, forward ((a duplicate)) one copy to the address confidentiality program ((in an envelope provided especially for that purpose,)) and give ((a duplicate)) one copy to the program participant.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-100, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-110  Proof of program participant's authority. (1) When a program participant requests name and address confidentiality for marriage or voting records, authorized personnel shall check the authorization card to confirm that the term of program participation has not expired and that the program participant's signature ((of the program participant)) on the authorization card matches that on the acknowledgement form.

(2) Authorized personnel may make a photocopy of the program participant's authorization card. The authorization card shall be immediately returned to the program participant. The photocopy shall be kept with the confidential marriage or voting records for this program participant during the time the records are filed and maintained by the county auditor or county recording officer.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-110, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-200  Notification for marriage record confidentiality. A program participant shall notify the appropriate county auditor or county recording officer of her or his request for ((name and address information)) confidentiality in marriage records by appearing in person with her or his ((fiance(e))) intended spouse before the county auditor or county recording officer.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-200, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-210  Marriage application. (1) Authorized personnel shall verify that the application for a marriage license and certificate of marriage form are ((correctly)) completed in full. The certificate of marriage ((form)) shall contain the program participant's authorization code and expiration date.

(2) Authorized personnel shall provide the program participant with a "confidential records" envelope in which the program participant shall transmit all completed marriage documents to the county auditor or county recording officer.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-210, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-220  Marriage record filing. ((Upon recording a completed marriage license application, certificate, or record, if the county auditor or county recording officer notes the presence of a confidential record in the recording index, this notation shall be made in a manner appropriate to maintaining the confidentiality of name and address information contained in that document.)) Any notation of a confidential marriage license application, certificate, or record, by authorized personnel shall be made in a manner that preserves the confidentiality of the information contained in that document.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-220, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-230  Marriage record transmission to department of health. The county ((auditor, county recording officer, or)) authorized personnel shall transmit a ((correctly)) completed marriage certificate containing the name and address of a program participant, to the department of health in an envelope distinctly marked "confidential records."



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-230, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-240  Certified copy of marriage certificates. ((A certified copy of a marriage certificate containing the name of a program participant is only available through the address confidentiality program.)) Upon the request of a program participant, accompanied by the appropriate fee, the address confidentiality program ((manager)) may request in writing a certified copy of a program participant's marriage certificate((. This written request may be directed to the originating county auditor, county recording office, or the department of health. The request shall accompany a complete application for certified copy and correspondent fee. The requested certified copy shall be provided to the address confidentiality program manager, who is responsible for its subsequent release)) from the agency maintaining that record and release it to the program participant. A certified copy of a marriage certificate containing the name of the program participant is only available through the address confidentiality program.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-240, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-310  Protected records voter application. (1) A program participant shall notify the appropriate county authorized personnel of her or his request for confidentiality in voting records by appearing in person before the appropriate county authorized personnel. The program participant shall: (a) Present her or his program authorization card; (b) cancel any previously existing voter registration; and (((b))) (c) apply to vote by providing all the information required on the address confidentiality program ongoing absentee ballot application.

(2) ((The program participant shall designate a substitute mailing address for voting purposes.

(3))) The program participant shall disclose the actual address of her or his residence only for the purpose of determining proper precinct and district designations.

(((4))) (3) An application for protected records voter status and an absentee ballot to be issued to the participant in person, may be made no later than the day before an election. An application for ((a)) protected records voter status and an absentee ballot to be mailed to ((a)) the substitute mailing address ((for voting purposes)) shall be made no later than twenty working days before the first election in which the program participant wishes to vote.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-310, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-320  Maintaining protected records voter information. All records pertaining to a protected records voter shall be ((confidentially)) maintained in a manner ensuring that these records are accessible only to authorized personnel((, except as provided by WAC 434-840-060)). A protected records voter shall not be included in any registered voter list, absentee ballot list, tape, label, or poll book. Information pertaining to a protected records voter shall not be publicly accessible regardless of the type of records management system except as provided by RCW 40.24.060.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-320, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-330  Mailing protected records voter ballots. At least twenty days before every special, primary, or general election, authorized personnel shall review all protected records voter files and forward the appropriate ongoing absentee ballot for each protected records voter via the ((designated)) substitute mailing address ((for voting purposes)).

The county authorized shall maintain a record of ballots sent to protected records voters and a record of ballots returned. This record shall be maintained in accordance with WAC 434-840-320.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-330, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-340  Processing protected records voter ballot. (1) The ongoing absentee ballot for a protected records voter shall be ((processed by)) prepared by county authorized personnel in the following manner:

(a) The ballot((,)) and corresponding ((reader)) voter's guide, ((or paper ballot)) shall be ((grouped and)) placed with ballot security envelope, return envelope with oath((, mailing envelope, and protected records voter)) in an envelope addressed to the substitute address;

(b) The voter's name, and authorization code((, and substitute mailing address for voting purposes)) shall be entered onto the ((mailing)) return envelope((;

(c) The information shall be completed on the protected records voter envelope)) to ensure that the returned ballot will be segregated and routed to authorized personnel for processing;

(((d))) (2) The voted absentee ballot for a protected records voter shall be processed by county authorized personnel in the following manner:

(a) The authorized personnel shall compare the signature on the returned ballot envelope ((shall be compared)) with the signature on the ((service voter)) address confidentiality program ongoing absentee ballot application;

(((e))) (b) If the signature does not correspond to the signature on file, indication of this discrepancy shall be entered onto the return envelope; and

(((f) Whenever the signature on a protected records voter ongoing absentee ballot return envelope does not match the signature on the application on file the address confidentiality program manager shall (i) be notified of the discrepancy, (ii) locate the program participant and)) county authorized personnel shall notify the address confidentiality program.

(c) The address confidentiality program shall, upon receipt of a notice pursuant to (b) of this subsection attempt to determine the cause of the discrepancy, and (((iii))) notify the appropriate county ((auditor or county recording officer of the cause of the discrepancy)) authorized personnel of any relevant information, that should be considered by the county canvassing board.

(4) If the protected records voter neglects to sign the affidavit on the return envelope, the county authorized personnel shall notify the protected records voter by first class mail of that fact. The authorized personnel may provide the voter with a copy of the return envelope affidavit and require the voter to sign the copy of the affidavit and mail it back to the auditor so that it arrives not later than the day before the certification of the primary or election. Authorized personnel shall keep a record of the date on which the notice was mailed to the protected records voter as well as the date on which the voter signed the return envelope or the copy of the return envelope affidavit.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-340, filed 9/26/91, effective 10/27/91.]



Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.



AMENDATORY SECTION (Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)



WAC 434-840-350  Canvassing procedure for a special ballot of a protected records voter. A special ballot, as defined in WAC 434-240-010(13), of a protected records voter shall be presented to the canvassing board((, meeting)) in executive session. ((The canvassing board shall designate authorized personnel to verify the contents of the ballot. Authorized personnel shall remove the protected records voter envelope, prepare the ballot in the ballot security envelope, and verify the contents of the ballot for tabulation. The return envelope and the protected records voter envelope shall be placed in security with all other voting records for the program participant. The discardable envelopes may be destroyed under statutory provisions applicable to election materials.))



[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, 434-840-350, filed 10/13/97, effective 11/13/97. Statutory Authority: 1991 c 23. 91-20-074, 434-840-350, filed 9/26/91, effective 10/27/91.]



AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)



WAC 434-840-360  Undeliverable ballot. If any protected records voter's ongoing absentee ballot is declared undeliverable by the post office and returned, ((the county auditor or county recording officer shall notify)) to the address confidentiality program ((manager.)), the address confidentiality program ((manager)) shall attempt to determine the cause of this occurrence and inform the county ((auditor or county recording officer of)) authorized personnel of any relevant information regarding the reason for the ballot's return.



[Statutory Authority: 1991 c 23. 91-20-074, 434-840-360, filed 9/26/91, effective 10/27/91.]



REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 434-840-050 Notification of program participant status.

WAC 434-840-090 Program participant compliance with agency rules.

WAC 434-840-120 Record confidentiality.

WAC 434-840-130 Agency response to public disclosure requests.

WAC 434-840-300 Notification for voting record confidentiality.

Legislature Code Reviser

Register

Washington State Code Reviser's Office