Preproposal statement of inquiry was filed as WSR 05-14-167.
Title of Rule and Other Identifying Information: Official statewide voter registration data base.
Hearing Location(s): Conference Room, 520 Union Avenue S.E., Olympia, WA 98501, on October 26, 2005, at 9:00 a.m.
Date of Intended Adoption: November 15, 2005.
Submit Written Comments to: Pam Floyd, P.O. Box 40232, Olympia, WA 98504-0232, e-mail firstname.lastname@example.org, fax (360) 664-6419, by October 25, 2005.
Assistance for Persons with Disabilities: Contact TTY (800) 422-8683.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: State and federal law mandates that a new voter registration system, the official statewide voter registration data base, be implemented by January 1, 2006. All voter registration records will be entered into this system and maintained. It will be screened for felons, deceased voters, and duplicate registrations. Each county will have an election management system that will exchange information with the official statewide voter registration data base. Rules for this exchange of information, entry of information from voter registration applications, and additional procedures are provided.
Reasons Supporting Proposal: The Help America Vote Act of 2002 requires all states to develop and maintain a statewide list of registered voters.
Statutory Authority for Adoption: RCW 29A.04.611.
Statute Being Implemented: Chapter 243, Laws of 2005; chapter 267, Laws of 2004.
Rule is necessary because of federal law, Help America Vote Act of 2002, 42 U.S.C. 15301.
Name of Proponent: Office of the Secretary of State, governmental.
Name of Agency Personnel Responsible for Drafting: Tami Neilson, Legislative Building, (360) 902-4182; Implementation and Enforcement: Pam Floyd, 520 Union Avenue, (360) 725-5781.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes do not appear to have an impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
September 16, 2005
Secretary of State
The following section of the Washington Administrative Code is repealed:
|WAC 434-208-100||Registering to vote -- Nontraditional address.|
WAC 434-253-024 Contents of poll book of registered voters. Poll books must be printed utilizing information from the official statewide voter registration data base. The poll book of registered voters must contain the name, residence address, sex, month and day of birth, and county voter registration number of each voter in the precinct, a listing of the districts in which that voter resides, and a designation of the applicable county, legislative district, and precinct, or a ballot code identifying this information. The names must be listed alphabetically by surname. The list must contain a space for each voter to sign his/her name and to verify his/her current address and a space for the inspector or judge to credit the voter with having participated in a particular election. The auditor may eliminate from poll books ongoing absentee voters and voters requesting absentee ballots for that election. If the names of such voters do not appear, the poll book must clearly indicate that the voters are not included on the list.
MAINTENANCE OF VOTER REGISTRATION RECORDS ON ELECTRONIC DATA
PROCESSING SYSTEMS)) OFFICIAL STATEWIDE VOTER REGISTRATION
(1) "Active status" means a designation assigned to voters with complete voter registration records signifying that the voter is eligible to vote.
(2) "Applicant" means a person who has applied to become a registered voter in the state of Washington.
(3) "Auditor" means "county auditor" and means the county auditor in a noncharter county or the officer in a charter county, irrespective of title, having the overall responsibility to maintain voter registration to conduct state and local elections.
(4) "County election management system" means software used by auditors to manage computer files pertaining to elections and includes, but is not limited to, voter registration records.
(5) "County registration number" means a unique identifier assigned to each registered voter by the auditor.
(6) "Extraction," as used in this chapter, means the creation of an electronic list of specific information from the entire official statewide voter registration data base.
(7) "Late registration absentee ballot" means an absentee ballot cast by a voter who registered pursuant to RCW 29A.08.145 after the close of the regular registration period.
(8) "New county" means a county in Washington state that a registered voter is moving to from another county within Washington state.
(9) "Previous county" means a county in Washington state that a registered voter lived in prior to moving to a new county.
(10) "Pending status" means a voter registration record is not yet complete, and the applicant is not yet a registered voter.
(11) "Pending cancellation" means the registered voter's registration record will be canceled within a specified amount of time and he or she is not eligible to vote.
(12) "Registered voter" means any elector who has completed the statutory registration procedures established by Title 29A RCW.
(13) "Secretary" means secretary of state or any other person authorized by the secretary of state to act in his or her behalf.
(14) "State registration number" means a unique identifier assigned to each registered voter by the state, pursuant to RCW 29A.08.651.
(2) A county election management system must have the capability to:
(a) Store information required in WAC 434-324-010;
(b) Generate a list of registered voters in a county and their registration statuses;
(c) Track information specific to single elections, including the issuance and return of vote by mail and absentee ballots;
(d) Scan voter registration forms; and
(e) Store and provide access to images of signatures of registered voters.
(3) A county's election management system must conform to all of the requirements of state law and of these regulations, and if it does not, the secretary must notify the auditor of the nature of the nonconformity. The auditor must correct the nonconforming aspects of the county election management system and provide to the secretary such evidence of the change or changes in the system as that office may deem appropriate.
(b) Complete residential address;
(c) Mailing address;
(d) County registration number;
(e) State registration number;
(g) Date of birth;
(h) Date of registration;
(i) Applicable district and precinct codes;
(j) Five dates upon which the individual has voted since establishing that registration record, if available;
(k) Washington state driver license number, 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 license or Washington state identification card; and
(l) A scanned image file (format .tiff) of the applicant's signature.
(2) The auditor may also assign numeric or alphabetic codes for city names in order to facilitate economical storage of the voter's address.
[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-324-010, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-010, filed 6/3/74; Order 6, § 434-24-010, filed 3/3/72.]
|Asotin||- AS||Lincoln||- LI|
|Chelan||- CH||Okanogan||- OK|
|Clark||- CR||Pend Oreille||- PE|
|Columbia||- CU||Pierce||- PI|
|Cowlitz||- CZ||San Juan||- SJ|
|Douglas||- DG||Skagit||- SK|
|Franklin||- FR||Snohomish||- SN|
|Garfield||- GA||Spokane||- SP|
|Grant||- GR||Stevens||- ST|
|Grays Harbor||- GY||Thurston||- TH|
|Jefferson||- JE||Walla Walla||-WL|
|Kittitas||- KS||Yakima||- YA|
[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-324-020, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-020, filed 6/3/74; Order 6, § 434-24-020, filed 3/3/72.]
[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-324-035, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-324-035, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-035, filed 6/3/74.]
(2) Once the secretary has verified the applicant's identity pursuant to RCW 29A.08.107, the secretary must assign a state identification number, and the auditor must change the voter's registration code in the county election management system from pending status to active. If the applicant's identity has not been verified, the secretary must notify the auditor accordingly.
(a) Registers to vote ((
(b) Transfers his/her registration record ((
RCW 29A.08.530 or whenever a change in precinct boundaries
requires that the existing record of a voter be moved)) within
(c) Transfers his or her registration record from another county within Washington state; or
(d) Changes from one precinct to another ((
or be placed
in a new precinct, the county auditor shall notify by
nonforwardable, address correction requested mail, the
individual or voter of such new registration, transfer, or
change of precinct boundary acknowledging)) because of a
change in precinct boundaries.
(2) The notice must acknowledge that the request of the
individual or voter with respect to his or her record has been
processed, if received. Such notices and acknowledgment
shall)) must be provided on a form containing the following
The)) (a) Voter's full name(( ,));
(b) Mailing address((
(c) County name((
(d) Precinct name and/or number((
, voter ID));
(e) State registration number((
(f) The date the voter registered; and
(g) A signature line for the voter.
[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-324-085, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-324-085, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-324-085, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-085, filed 6/3/74.]
A late registration absentee ballot must be issued in a specially marked envelope along with an instructional notice. The notice must explain why a late registration absentee ballot is being issued, that the enclosed ballot is the correct ballot for the voter to cast, and that no other ballot submitted by the voter for that same primary, special election, or general election will be counted. The auditor's contact information must be included, and it must be stated that the voter may call the auditor regarding questions. The previous county must promptly flag the voter's registration so any returned absentee ballots will not be counted.
If a new county receives a late registration absentee ballot, it must contact the previous county to ensure it did not receive an absentee ballot from the same voter.
(1) If the previous county does not receive an absentee or vote by mail ballot from the voter, the late registration absentee ballot received by the new county must be counted. Any subsequent ballot returned to the previous county must not be counted.
(2) If the previous county receives an absentee or vote by mail ballot from the voter whose registration has been canceled in accordance with this section, it must contact the new county. If the late registration absentee ballot was not returned to the new county, the previous county must send the absentee ballot to the new county, and the new county must count only races applicable to that county.
(2) In addition to comparing a list of deceased persons prepared by the registrar of vital statistics with voter registration records pursuant to RCW 29A.08.510, the secretary may also compare voter registration records with deceased persons information from the Social Security Administration. For any potential matches identified through the registrar of vital statistics or Social Security Administration, the secretary must confirm that the dates of birth on the records being compared are identical. The secretary must generate a list of matching names, identified as potentially deceased voters, and deliver it to the auditor electronically. An auditor with a potential deceased voter in his or her county must review the list within five days and approve or reject the proposed cancellations. Upon the sixth day, if the auditor has failed to approve or reject the proposed cancellations, the official statewide voter registration data base must automatically send notification to the county to cancel the appropriate registrations.
[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-324-095, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-324-095, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-324-095, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-095, filed 6/3/74.]
(1) The secretary must not cancel the voter registration records of persons with a discharge on file for all causes or gubernatorial pardons but must flag the voter registration records to prevent future cancellation based on these previous felon convictions.
(2) When a matched potential felon has not been issued a certificate of discharge or a gubernatorial pardon, the secretary or auditor must change the voter's registration status to "pending cancellation." This change of status must be entered prior to the first extraction or pull of absentee ballots. The official statewide voter registration data base must automatically notify the county election management system of the change. Voters with pending cancellation status must not be included in the poll book and must not receive an absentee ballot.
The secretary must mail a notification letter to potential felons whose status is pending cancellation. In addition to sending a copy of the notification letter to the auditor, the secretary must also send notification of the voter's pending cancellation status to the auditor through the election management system. The notification letter must be sent to the potential felon's last known address indicating that his or her voter registration is about to be canceled. The form must contain language notifying the voter that if the pending cancellation status was assigned in error, he or she may contact his or her auditor's office to reconcile the error. As outlined in RCW 29A.08.520, the form must also provide information on how a person may have his or her voting rights reinstated, as well as how to register to vote after his or her rights have been reinstated. The notification letter must contain substantially the following language:
(2) Should the secretary enter into one or more contracts with the United States Postal Service or its licensee, the secretary must check the official statewide voter registration data base against the United States Postal Service's records twice a year and send each auditor an electronic copy of all changes of address for his or her county, a paper copy of such information, or both an electronic and paper copy. Auditors may use the change of address list from the secretary to satisfy the requirements for voter registration list maintenance.
(3) In addition to conducting quarterly comparisons to identify felons as required in WAC 434-324-106, the secretary must search the official statewide voter registration data base on a quarterly basis to ensure there are no duplicate voter registration records or deceased voter registration records maintained. Duplicate voter registration records must be processed in accordance with WAC 434-324-050, felon registration records in accordance with WAC 434-324-106, and deceased voter registration records in accordance with WAC 434-324-090.
(4) If, at any time, the secretary finds that a registered voter does not possess the qualifications required by state law to exercise his or her right to vote for reasons not listed in this chapter, the secretary must refer such information to the appropriate county auditor for a voter registration challenge. The county prosecutor must be copied on the notification.
During data auditing, the auditor must transfer voter registration records from the county election management system to the official statewide voter registration data base for verification of voter status. The official statewide voter registration data base must verify that the voter status provided by the county election management system matches the voter status in the official statewide voter registration data base. Upon completion of this verification process, the voter's registration status is either:
(1) Confirmed, and the county is authorized to issue a ballot to the voter; or
(2) Denied because the official statewide voter registration data base indicates the voter's registration record is in pending or canceled status. The auditor must update the county election management system with the appropriate voter status. The voter is not authorized to vote.
In addition, the county election management system must update the statewide voter registration data base with the appropriate voter information.
In the event a data audit is in question for a voter registration or a system error, the auditor may process a manual override to allow the voter to vote. Any manual override must be logged to ensure accountability. The secretary must be notified of any manual overrides.
[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-324-130, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-324-130, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-324-130, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-130, filed 6/3/74; Order 6, filed 3/3/72.]
REQUEST FOR LIST OF REGISTERED VOTERS
I request a listing of registered voters for the following precinct and/or taxing districts:
computer printed list
[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-324-140, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-324-140, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-140, filed 6/3/74. Formerly WAC 434-24-130.]
The following sections of the Washington Administrative Code are repealed:
|WAC 434-324-015||Uniform control number.|
|WAC 434-324-025||Precinct codes.|
|WAC 434-324-030||Taxing district codes.|
|WAC 434-324-050||Basic voter registration form.|
|WAC 434-324-060||Transmittal of signature cards to the secretary of state.|
|WAC 434-324-065||Exemption of transmittal of signature cards to the secretary of state.|
|WAC 434-324-110||Transmittal of cancellations to the secretary of state.|
|WAC 434-324-120||Contents of precinct list of registered voters.|
|WAC 434-324-160||Review of automated voter registration systems.|