[Filed March 14, 2025, 10:50 a.m.]

Preproposal statement of inquiry was filed as WSR 24-21-029.

Title of Rule and Other Identifying Information: County-to-county voter registration updates.

Hearing Location(s): On April 22, 2025, at 10:00 a.m., at the Washington Secretary of State, Washington State Library, 6880 Capitol Boulevard S.E., Tumwater, WA 98501. When attending the hearing in person, walk into the front lobby of the Washington State Library. You will be escorted to the conference room at 9:55 a.m. to be present when the hearing begins at 10:00 a.m. If you arrive after that time, there will be a staff member available in the lobby to escort you to the conference room.

Date of Intended Adoption: April 23, 2025.

Submit Written Comments to: Dave Piersma, P.O. Box 40229, Olympia, WA 98504, email dave.piersma@sos.wa.gov, fax 360-664-4619, beginning March 19, 2025, 12:00 p.m., by April 21, 2025, 5:00 p.m.

Assistance for Persons with Disabilities: Contact Dave Piersma, phone 360-902-4172, fax 360-664-4619, email dave.piersma@sos.wa.gov, by April 21, 2025, 5:00 p.m.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These proposed amendments update the county procedures for voter registration transfers to allow voters the same update options, regardless of whether they moved within a county or to a new county.

Reasons Supporting Proposal: HB 1962 (2024) implemented changes to the methods in which voters may update their voter registration record information to provide the same options, whether a voter moves within a county or to a new county.

Statutory Authority for Adoption: RCW 29A.04.611.

Statute Being Implemented: RCW 29A.08.410, 29A.08.620, and 29A.08.640.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Stuart Holmes, Olympia, 360-902-4151.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

Scope of exemption for rule proposal:

AMENDATORY SECTION(Amending WSR 20-13-043, filed 6/10/20, effective 7/11/20)

WAC 434-324-076Voter registration updates.

(1) Pursuant to RCW 29A.08.140, a person already registered to vote in Washington may update their registration by submitting an address change using a registration application or making notification via any non-in-person method that is physically received by an election official no later than eight days before election day, or by appearing in person no later than 8:00 p.m. on election day.

(2) The earliest date the voter registration update is received by an election official will be used as the registration date for the purpose of meeting the registration cutoff deadline.

(3) The county auditor may request additional identifying information before processing a voter registration update submitted on behalf of a family or household member.

(((3)))(4) If a voter submits a registration transfer to a new county by the ((statutory)) deadline in RCW 29A.08.140, but the voter's previous county issued the voter a ballot before the transfer is processed and the voter's ballot issued by the previous county was received but not yet accepted, the previous county must mail the suspended ballot to the voter's new county. If any races or issues on the suspended ballot from the previous county are applicable to the voter's residential address in the new county, the votes on those races and issues should be counted by the new county only when the voter does not vote and return a current ballot, or when the current ballot cannot be processed due to incorrect or incomplete information on the ballot envelope.

(((4)))(5) If a participant in the future voter program established under RCW 29A.08.170 submits an address change, the county auditor must ((change))update the address listed on the application.

AMENDATORY SECTION(Amending WSR 22-10-041, filed 4/27/22, effective 5/28/22)

WAC 434-324-087Confirmation notice.

(1) When a voter is placed on inactive status, the county auditor must send a confirmation notice to the voter by first-class forwardable mail, and must include a response form that:

(a) Is preaddressed and postage prepaid;

(b) Includes ((either)) the voter's ((date of birth or voter)) registration number;

(d) Asks the voter to sign ((the oath in RCW 29A.08.230))affirming the information is accurate.

(2) When the voter sends the county auditor a response to the confirmation notice, the auditor must:

(a) Transfer the voter's registration and send the voter an acknowledgment notice if the response indicates that the voter has moved within the county.

(b) Forward the confirmation notice to the voter's new county by mail or electronically if the response indicates that the voter has moved to another county within Washington ((and the confirmation notice contains the minimum information required by WAC 434-324-036)).

The county auditor in the voter's new county must ((register the voter using the information and signature on the confirmation notice. The new county must transfer the registration from the old county to the new county))update the voter's registration and send the voter an acknowledgment notice.

(c) ((Send the voter a voter registration application if the response indicates that the voter has moved to another county within Washington but the confirmation notice does not contain the minimum information required by WAC 434-324-036. The voter shall remain on inactive status according to RCW 29A.08.635.

(d))) Cancel the voter's registration if the response indicates that the voter has moved out-of-state and the response is signed. Prior to cancellation, the county auditor must ensure the signature matches the signature in the voter registration file by utilizing criteria outlined in WAC 434-261-051.

(((e)))(d) Keep the voter on inactive status according to RCW 29A.08.635 if the response indicates that the voter has moved out-of-state but is not signed.

(3) The county auditor shall mail a confirmation notice to a primary-only voter, as defined in WAC 434-232-010, no earlier than 90 days before the primary that they are eligible to participate in.

(4) The county auditor shall not mail a confirmation notice to a participant in the future voter program established under RCW 29A.08.170 until the participant becomes a registered voter.

The following section of the Washington Administrative Code is repealed:

County-to-county transfers.