Purpose: State and federal laws mandate that a new statewide voter registration system 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 data from voter registration applications, and additional related procedures are provided.
Citation of Existing Rules Affected by this Order: Repealing WAC 434-208-100, 434-324-015, 434-324-025, 434-324-030, 434-324-035, 434-324-050, 434-324-060, 434-324-065, 434-324-110, 434-324-120 and 434-324-160; and amending WAC 434-324-010, 434-324-020, 434-324-085, 434-324-095, 434-324-130, and 434-324-140.
Statutory Authority for Adoption: RCW 29A.04.611.
Adopted under notice filed as WSR 05-19-063 on September 16, 2005.
Changes Other than Editing from Proposed to Adopted Version: WAC 434-253-024 is amended so that a poll book must indicate whether or not absentee voters are included in the poll book. If the absentee voters are included, a notation must be made next to each absentee voter's name.
In WAC 434-324-010, it is clarified that county auditors will check for duplicate entries of voter registrations upon entry of an applicant's information into the county election management system.
WAC 434-324-035 is repealed.
WAC 434-324-075 and 434-324-087 are combined for the reader's ease.
In WAC 434-324-106, it is clearly stated that a potential felon may request a provisional ballot if he or she believes the pending cancellation status was assigned in error.
In WAC 434-324-118, the authority to manually override data during an audit has been removed.
WAC 434-324-113(4) is amended to clarify that a county auditor will investigate whether a voter registration challenge is warranted.
In WAC 434-324-118, the authority to perform manual overrides is removed.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 12, Amended 4, Repealed 10.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 13, Amended 6, Repealed 11.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 30, 2005.
Assistant Secretary of State
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 on 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.
(3) In the case of an applicant who applies for voter registration by mail and sends a copy of an alternative form of identification for registration purposes, pursuant to RCW 29A.08.113, the auditor must either maintain a scanned image of the identifying document or make a notation in the registration record indicating which alternative form of identification was sent to the auditor.
(4) Upon entry of an applicant's information, the auditor must check for duplicate entries.
[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.]
[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.]
(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.
(2)(a) If a registered voter transfers his or her registration late, as outlined in RCW 29A.08.145 between counties, the new auditor must issue the voter a late registration absentee ballot and envelope for the next primary, special election, or general election. The late registration absentee ballot must not be counted until it is confirmed that it is a valid ballot.
(b) 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 voter's registration status in the previous county must promptly be flagged so any returned ballots will not be counted.
(c)(i) If the new county receives a late registration absentee ballot, it must confirm that the previous county did not receive a ballot from the same voter.
(ii) If the previous county does not receive a 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.
(iii) If the previous county receives a ballot from the voter, 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.
(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
or voter with respect to his record)) has been
processed(( . Such notices and acknowledgment shall be
provided on a form containing the following information)) and
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.]
(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 are identical. The secretary must generate a list of matching names, identified as potentially deceased voters, and deliver it to the auditor electronically. The auditor 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.]
(2) The list of matches must be compared to information provided by the office of the administrator for the courts and the clemency board to identify felons who have received certificates of discharge or gubernatorial pardons for all felony convictions.
(3) The secretary must not cancel the voter registration record of a voter who has received a certificate of discharge or gubernatorial pardon for all felony convictions. The secretary must flag the voter registration record to prevent future cancellation based on these previous felony convictions.
(4) If there is no record of a certificate of discharge or gubernatorial pardon for each felony conviction, the secretary 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.
(5) The secretary must mail a notification letter to each felon 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 felon's last known address indicating that his or her voter registration is about to be canceled. The form must contain language notifying the felon that if the pending cancellation status is in error, the felon may contact the auditor's office to reconcile the error and request a provisional ballot. As outlined in RCW 29A.08.520, the form must also provide information on how the right to vote may be restored, as well as how to register to vote after the right to vote has been restored. The notification letter must contain substantially the following language:
(2) 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.
(3) 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 to determine whether a voter registration challenge is warranted, pursuant to RCW 29A.08.810. 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.
[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 434-324-035||Maintenance of recent voting record.|
|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.|
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 last name. 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. The poll book must clearly indicate whether or not absentee voters are included on the list. If they are included, a notation must be made next to each absentee voter's name.
The following section of the Washington Administrative Code is repealed:
|WAC 434-208-100||Registering to vote -- Nontraditional address.|