WSR 26-06-073
PROPOSED RULES
SECRETARY OF STATE
[Filed February 27, 2026, 9:54 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 25-23-015.
Title of Rule and Other Identifying Information: Service and overseas voter registration.
Hearing Location(s): On April 7, 2026, at 1:00 p.m., at 243 Israel Road S.E., Conference Room 111, Tumwater, WA 98501. When attending the hearing in person, enter the front lobby of Town Center East 3. You will be escorted to the conference room at 12:55 p.m. to be present when the hearing begins at 1:00 p.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 8, 2026.
Submit Written Comments to: Dave Piersma, P.O. Box 40229, Olympia, WA 98504-0229, email dave.piersma@sos.wa.gov, fax 360-664-4619, beginning March 5, 2026, 8:00 a.m., by April 6, 2026, 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 6, 2026, 5:00 p.m.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments clarify existing federal and state laws for procedure when a service or overseas voter does not supply a form of identification when registering to vote and requesting a ballot.
Statutory Authority for Adoption: RCW 29A.04.611.
Rule is not necessitated by federal law, federal or state court decision.
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. The proposed amendments relate only to internal governmental operations that are not subject to violation by a nongovernment party.
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:
Is fully exempt.
February 27, 2026
Amanda Doyle
Chief of Staff
RDS-6980.2
AMENDATORY SECTION(Amending WSR 19-01-102, filed 12/18/18, effective 1/18/19)
WAC 434-235-020Voter registration.
(1) A service or overseas voter may register to vote ((by))or update their voter registration record by completing and providing:
(a) A voter registration application ((issued))prescribed by the state of Washington;
(b) A federal post card application ((issued))prescribed by the federal voting assistance program;
(c) A federal write-in absentee ballot ((issued))prescribed by the federal voting assistance program;
(d) A national mail voter registration form ((issued))prescribed by the United States election assistance commission; or
(e) A ballot with a valid signature on the ballot declaration.
(2) Pursuant to RCW 29A.40.010 and 29A.40.091, a service or overseas voter does not have to be registered ((in order)) to request a ballot. Consequently, a service or overseas voter who is not already registered in Washington may request a ballot and register to vote after the registration deadlines ((of))in RCW 29A.08.140 ((have passed)).
A service or overseas voter who is already registered to vote in Washington may not ((transfer or update a))update their voter registration record after the deadlines in RCW 29A.08.140 ((have passed)).
(a) If the service or overseas voter registration applicant is not currently registered to vote, the county auditor must register the voter immediately. The voter must be ((flagged in the voter registration system))designated as a service or overseas voter in the voter registration system.
(b) A service or overseas voter must use ((his or her))their most recent residential address in Washington((, or the))or a family member's most recent residential address in Washington ((of a family member)).
(c) If the county auditor is unable to assign the voter a precinct ((the voter)) due to a missing or incomplete residential address on the application, the county auditor must attempt to contact the voter to clarify the application.
(i) If, in the judgment of the county auditor, there is insufficient time to correct the application before the ((next))primary or election ((or primary)), the county auditor must issue the ballot as if the voter had listed the county auditor's office as ((his or her residence))the residential address. A special precinct for this purpose may be created. The only offices and ((issues))measures that may be tabulated are those common to the entire county and congressional races based on the precinct encompassing the county auditor's office.
(ii) After the primary or election ((or primary)), the county auditor must place the voter on inactive status and send the voter a confirmation notice to obtain the voter's correct residential address.
(d) A service or overseas voter who registers to vote by signing the ballot declaration is not required to provide a Washington driver's license number, the last four digits of the Social Security number, or other form of identification as required by RCW 29A.08.107.
A service or overseas voter who registers to vote any other way requires a Washington driver's license number, state identification card number, or the last four digits of the Social Security number that matches the information maintained by the Washington department of licensing or the Social Security Administration, or other form of identification as required by RCW 29A.08.107.
(3) The county auditor must offer a service or overseas voter the option of receiving blank ballots by email or postal mail. This requirement is satisfied if the service or overseas voter registers on an application that offers electronic ballot delivery as an option, or if the voter expresses a preference when registering, updating a registration, or requesting a ballot. The county auditor must attempt to contact the voter by phone, email, postal mail, or other means. If the voter does not indicate a preference or does not respond, the county auditor must send ballots by postal mail.
(4) The county auditor shall keep the voter on service or overseas status until the county auditor receives verification the voter no longer qualifies as a service or overseas voter under WAC 434-235-010.
(5) ((Status))Pursuant to 52 U.S.C. § 20301 and RCW 29A.08.710, designation as a service or overseas voter is ((voter registration information and may only be disclosed if listed as public information in RCW 29A.08.710))not subject to public inspection and copying.