USA Washington

USA Statutes : washington
Title : Elections
Chapter : Voters and registration
RCW 29A.08.010"Information required for voter registration." (Effective until January 1, 2006.)As used in this chapter: "Information required for voter registration" means the minimum information provided on a voter registration application that is required by the county auditor in order to place a voter registration applicant on the voter registration rolls. This information includes the applicant's name, complete residence address, date of birth, and a signature attesting to the truth of the information provided on the application. All other information supplied is ancillary and not to be used as grounds for not registering an applicant to vote.[2003 c 111 § 201; 1994 c 57 § 9. Formerly RCW 29.07.005.]Notes:Effective date -- 2005 c 246: See note following RCW 10.64.140.Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- 1994 c 57: See note following RCW 10.64.021. RCW 29A.08.020Mailing, date and method.The definitions set forth in this section apply throughout this chapter, unless the context clearly requires otherwise.  (1) "By mail" means delivery of a completed original voter registration application by mail to the office of the secretary of state.  (2) For voter registration applicants, "date of mailing" means the date of the postal cancellation on the voter registration application. This date will also be used as the date of application for the purpose of meeting the registration cutoff deadline. If the postal cancellation date is illegible then the date of receipt by the elections official is considered the date of application. If an application is received by the elections official by the close of business on the fifth day after the cutoff date for voter registration and the postal cancellation date is illegible, the application will be considered to have arrived by the cutoff date for voter registration.[2004 c 267 § 103; 2003 c 111 § 204; 1994 c 57 § 30; 1993 c 434 § 1. Formerly RCW 29.08.010.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- 1994 c 57: See note following RCW 10.64.021. RCW 29A.08.030Notices, various. (Effective until January 1, 2006.)The definitions set forth in this section apply throughout this chapter, unless the context clearly requires otherwise.  (1) "Verification notice" means a notice sent by the county auditor or secretary of state to a voter registration applicant and is used to verify or collect information about the applicant in order to complete the registration.  (2) "Acknowledgement notice" means a notice sent by nonforwardable mail by the county auditor or secretary of state to a registered voter to acknowledge a voter registration transaction, which can include initial registration, transfer, or reactivation of an inactive registration. An acknowledgement notice may be a voter registration card.  (3) "Confirmation notice" means a notice sent to a registered voter by first class forwardable mail at the address indicated on the voter's permanent registration record and to any other address at which the county auditor or secretary of state could reasonably expect mail to be received by the voter in order to confirm the voter's residence address. The confirmation notice must be designed so that the voter may update his or her current residence address.[2004 c 267 § 104; 2003 c 111 § 203. Prior: 1994 c 57 § 33. Formerly RCW 29.10.011.]Notes:Effective date -- 2005 c 246: See note following RCW 10.64.140.Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021. RCW 29A.08.040"Person," "political purpose."For purposes of this chapter, the following words have the following meanings:  (1) "Person" means an individual, partnership, joint venture, public or private corporation, association, state or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.  (2) "Political purpose" means a purpose concerned with the support of or opposition to any candidate for any partisan or nonpartisan office or concerned with the support of or opposition to any ballot proposition or issue; "political purpose" includes, but is not limited to, such activities as the advertising for or against any candidate or ballot measure or the solicitation of financial support.[2003 c 111 § 202; 1973 1st ex.s. c 111 § 1. Formerly RCW 29.04.095.] RCW 29A.08.105County auditor, duties Registration assistants. (Effective until January 1, 2006.)(1) In all counties, the county auditor shall be the chief registrar of voters for every precinct within the county. The auditor may appoint registration assistants to assist in registering persons residing in the county. Each registration assistant holds office at the pleasure of the county auditor and must be a registered voter.  (2) The county auditor shall be the custodian of the official registration records of the county. The county auditor shall ensure that mail-in voter registration application forms are readily available to the public at locations to include but not limited to the elections office, and all common schools, fire stations, and public libraries.[2003 c 111 § 205; 1999 c 298 § 4; 1994 c 57 § 8; 1984 c 211 § 3; 1980 c 48 § 1; 1971 ex.s. c 202 § 4; 1965 c 9 § 29.07.010. Prior: 1957 c 251 § 4; prior: 1939 c 15 § 1, part; 1933 c 1 § 3, part; RRS § 5114-3, part; prior: 1891 c 104 §§ 1, part, 2, part; RRS §§ 5116, part, 5117, part. Formerly RCW 29.07.010.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- 1994 c 57: See note following RCW 10.64.021.Intent -- 1984 c 211: See note following RCW 29A.08.310. RCW 29A.08.110Auditor's procedure. (Effective until January 1, 2006.)(1) On receipt of an application for voter registration under this chapter, the county auditor shall review the application to determine whether the information supplied is complete. An application that contains the applicant's name, complete valid residence address, date of birth, and signature attesting to the truth of the information provided on the application is complete. If it is not complete, the auditor shall promptly mail a verification notice of the deficiency to the applicant. This verification notice shall require the applicant to provide the missing information. If the verification notice is not returned by the applicant or is returned as undeliverable the auditor shall not place the name of the applicant on the county voter list. If the applicant provides the required information, the applicant shall be registered to vote as of the date of mailing of the original voter registration application.  (2) If the information is complete, the applicant is considered to be registered to vote as of the date of mailing. The auditor shall record the appropriate precinct identification, taxing district identification, and date of registration on the voter's record. Within forty-five days after the receipt of an application but no later than seven days before the next primary, special election, or general election, the auditor shall send to the applicant, by first class mail, an acknowledgement notice identifying the registrant's precinct and containing such other information as may be required by the secretary of state. The postal service shall be instructed not to forward a voter registration card to any other address and to return to the auditor any card which is not deliverable. If the applicant has indicated that he or she is registered to vote in another county in Washington but has also provided an address within the auditor's county that is for voter registration purposes, the auditor shall send, on behalf of the registrant, a registration cancellation notice to the auditor of that other county and the auditor receiving the notice shall cancel the registrant's voter registration in that other county. If the registrant has indicated on the form that he or she is registered to vote within the county but has provided a new address within the county that is for voter registration purposes, the auditor shall transfer the voter's registration.  (3) If an acknowledgement notice card is properly mailed as required by this section to the address listed by the voter as being the voter's mailing address and the notice is subsequently returned to the auditor by the postal service as being undeliverable to the voter at that address, the auditor shall promptly send the voter a confirmation notice. The auditor shall place the voter's registration on inactive status pending a response from the voter to the confirmation notice.[2003 c 111 § 206. Prior: 1994 c 57 § 32; 1993 c 434 § 6. Formerly RCW 29.08.060.]Notes:Effective date -- 2005 c 246: See note following RCW 10.64.140.Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021. RCW 29A.08.115Registration assistants. (Effective until January 1, 2006.)Every registration assistant shall keep registration supplies at his or her usual place of residence or usual place of business. A person or organization collecting voter registration application forms must transmit the forms to the secretary of state or a designee at least once weekly.[2003 c 111 § 207; 1971 ex.s. c 202 § 15; 1965 c 9 § 29.07.110. Prior: 1957 c 251 § 11; prior: 1947 c 68 § 1, part; 1945 c 95 § 1, part; 1933 c 1 § 6, part; Rem. Supp. 1947 § 5114-6, part; prior: 1919 c 163 § 6, part; 1915 c 16 § 6, part; 1901 c 135 § 5, part; 1893 c 45 § 1, part; 1889 p 415 § 6, part; RRS § 5124, part. Formerly RCW 29.07.110.]RCW 29A.08.115Registration by other than auditor or secretary of state. (Effective January 1, 2006.)A person or organization collecting voter registration application forms must transmit the forms to the secretary of state or a county auditor at least once weekly. The registration date on such forms will be the date they are received by the secretary of state or county auditor.[2005 c 246 § 8; 2004 c 267 § 108; 2003 c 111 § 207; 1971 ex.s. c 202 § 15; 1965 c 9 § 29.07.110. Prior: 1957 c 251 § 11; prior: 1947 c 68 § 1, part; 1945 c 95 § 1, part; 1933 c 1 § 6, part; Rem. Supp. 1947 § 5114-6, part; prior: 1919 c 163 § 6, part; 1915 c 16 § 6, part; 1901 c 135 § 5, part; 1893 c 45 § 1, part; 1889 p 415 § 6, part; RRS § 5124, part. Formerly RCW 29.07.110.]Notes:Effective date -- 2005 c 246: See note following RCW 10.64.140.Effective dates -- 2004 c 267: See note following RCW 29A.08.651. RCW 29A.08.120Registration by mail. (Effective until January 1, 2006.)Any elector of this state may register to vote by mail under this chapter.[2003 c 111 § 208. Prior: 1993 c 434 § 3. Formerly RCW 29.08.030.]RCW 29A.08.120Registration by mail. (Effective January 1, 2006.)Any elector of this state may register to vote by mail under this title.[2004 c 267 § 109; 2003 c 111 § 208. Prior: 1993 c 434 § 3. Formerly RCW 29.08.030.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651. RCW 29A.08.125Computer file of voter registration records. (Effective until January 1, 2006.)Each county auditor shall maintain a computer file containing the records of all registered voters within the county. The auditor may provide for the establishment and maintenance of such files by private contract or through interlocal agreement as provided by chapter 39.34 RCW. The computer file must include, but not be limited to, each voter's last name, first name, middle initial, date of birth, residence address, gender, date of registration, applicable taxing district and precinct codes, and the last date on which the individual voted. The county auditor shall subsequently record each consecutive date upon which the individual has voted and retain at least the last five such consecutive dates. If the voter has not voted at least five times since establishing his or her current registration record, only the available dates will be included.[2003 c 111 § 209; 1993 c 408 § 11; 1991 c 81 § 22; 1974 ex.s. c 127 § 12. Formerly RCW 29.07.220.]Notes:Effective date -- 2005 c 246: See note following RCW 10.64.140.Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- Effective dates -- 1993 c 408: See notes following RCW 2.36.054.Effective date -- 1991 c 81: See note following RCW 29A.84.540. RCW 29A.08.130Count of registered voters.(1) Except as otherwise specified by this title, registered voters include those assigned to active and inactive status by the county auditor.  (2) Election officials shall not include inactive voters in the count of registered voters for the purpose of dividing precincts, creating vote-by-mail precincts, determining voter turnout, or other purposes in law for which the determining factor is the number of registered voters. Election officials shall not include persons who are ongoing absentee voters under RCW 29A.40.040 in determining the maximum permissible size of vote-by-mail precincts or in determining the maximum permissible size of precincts. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29A.60.230.[2003 c 111 § 210; 1994 c 57 § 40. Formerly RCW 29.10.081.]Notes:Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021. RCW 29A.08.135Updating information. (Effective until January 1, 2006.)The county auditor shall acknowledge each new voter registration or transfer by providing or sending the voter a card identifying his or her current precinct and containing such other information as may be prescribed by the secretary of state. When a person who has previously registered to vote in a jurisdiction applies for voter registration in a new jurisdiction, the person shall provide on the registration form, all information needed to cancel any previous registration. The county auditor shall forward any information pertaining to the voter's prior voter registration to the county where the voter was previously registered, so that registration may be canceled. If the prior voter registration is in another state, the notification must be made to the state elections office of that state. A county auditor receiving official information that a voter has registered to vote in another jurisdiction shall immediately cancel that voter's registration.[2003 c 111 § 211; 2001 c 41 § 6; 1975 1st ex.s. c 184 § 1; 1973 c 153 § 2. Formerly RCW 29.07.092.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- 1975 1st ex.s. c 184: "If any provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 184 § 5.] RCW 29A.08.140Closing files Notice. (Effective until January 1, 2006.)The registration files of all precincts shall be closed against original registration or transfers for thirty days immediately preceding every primary, special election, and general election to be held in such precincts.  The county auditor shall give notice of the closing of the precinct files for original registration and transfer and notice of the special registration and voting procedure provided by RCW 29A.08.145 by one publication in a newspaper of general circulation in the county at least five days before the closing of the precinct files.  No person may vote at any primary, special election, or general election in a precinct polling place unless he or she has registered to vote at least thirty days before that primary or election. If a person, otherwise qualified to vote in the state, county, and precinct in which he or she applies for registration, does not register at least thirty days before any primary, special election, or general election, he or she may register and vote by absentee ballot for that primary or election under RCW 29A.08.145.[2003 c 111 § 212. Prior: 1993 c 383 § 2; 1980 c 3 § 4; 1974 ex.s. c 127 § 4; 1971 ex.s. c 202 § 20; 1965 c 9 §29.07.160 ; prior: 1947 c 68 § 2; 1933 c 1 § 9; Rem. Supp. 1947 § 5114-9. Formerly RCW 29.07.160.]RCW 29A.08.140Closing files Notice. (Effective January 1, 2006.)The registration files of all precincts shall be closed against original registration or transfers for thirty days immediately preceding every primary, special election, and general election to be held in such precincts.  The county auditor shall give notice of the closing of the precinct files for original registration and transfer and notice of the special registration and voting procedure provided by RCW 29A.08.145 by one publication in a newspaper of general circulation in the county at least five days before the closing of the precinct files.  No person may vote at any primary, special election, or general election in a precinct polling place unless he or she has registered to vote at least thirty days before that primary or election and appears on the official statewide voter registration list. If a person, otherwise qualified to vote in the state, county, and precinct in which he or she applies for registration, does not register at least thirty days before any primary, special election, or general election, he or she may register and vote by absentee ballot for that primary or election under RCW 29A.08.145.[2004 c 267 § 112; 2003 c 111 § 212. Prior: 1993 c 383 § 2; 1980 c 3 § 4; 1974 ex.s. c 127 § 4; 1971 ex.s. c 202 § 20; 1965 c 9 § 29.07.160; prior: 1947 c 68 § 2; 1933 c 1 § 9; Rem. Supp. 1947 § 5114-9. Formerly RCW 29.07.160.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651. RCW 29A.08.145Late registration Special procedure. (Effective until January 1, 2006.)This section establishes a special procedure which an elector may use to register to vote during the period beginning after the closing of registration for voting at the polls under RCW 29A.08.140 and ending on the fifteenth day before a primary, special election, or general election. A qualified elector in the county may register to vote in person in the office of the county auditor or at a voter registration location specifically designated for this purpose by the county auditor of the county in which the applicant resides, and apply for an absentee ballot for that primary or election. The auditor or registration assistant shall register that individual in the manner provided in this chapter. The application for an absentee ballot executed by the newly registered voter for the primary or election that follows the execution of the registration shall be promptly transmitted to the auditor with the completed voter registration form.[2003 c 111 § 213; 1993 c 383 § 1. Formerly RCW 29.07.152.]RCW 29A.08.145Late registration Special procedure. (Effective January 1, 2006.)This section establishes a special procedure which an elector may use to register to vote or transfer a voter registration by changing his or her address during the period beginning after the closing of registration for voting at the polls under RCW 29A.08.140 and ending on the fifteenth day before a primary, special election, or general election. A qualified elector in the state may register to vote or change his or her registration address in person in the office of the county auditor of the county in which the applicant resides, or at a voter registration location specifically designated for this purpose by the county auditor or secretary of state, and apply for an absentee ballot for that primary or election. The auditor or registration assistant shall register that individual in the manner provided in this chapter. The application for an absentee ballot executed by the newly registered or transferred voter for the primary or election that follows the execution of the registration shall be promptly transmitted to the auditor with the completed voter registration form.[2005 c 246 § 10; 2004 c 267 § 113; 2003 c 111 § 213; 1993 c 383 § 1. Formerly RCW 29.07.152.]Notes:Effective date -- 2005 c 246: See note following RCW 10.64.140.Effective dates -- 2004 c 267: See note following RCW 29A.08.651. RCW 29A.08.150Expense of registration.The expense of registration in all rural precincts must be paid by the county. The expense of registration in all precincts lying wholly within a city or town must be paid by the city or town. Registration expenses for this section include both active and inactive voters.[2003 c 111 § 214; 1965 c 9 § 29.07.030. Prior: 1939 c 82 § 1, part; 1933 c 1 § 4, part; RRS § 5114-4, part; prior: 1891 c 104 § 4; RRS § 5119. Formerly RCW 29.07.030.] RCW 29A.08.210Application Information required Warning. (Effective until January 1, 2006.)An applicant for voter registration shall complete an application providing the following information concerning his or her qualifications as a voter in this state:  (1) The address of the last former registration of the applicant as a voter in the state;  (2) The applicant's full name;  (3) The applicant's date of birth;  (4) The address of the applicant's residence for voting purposes;  (5) The mailing address of the applicant if that address is not the same as the address in subsection (4) of this section;  (6) The sex of the applicant;  (7) A declaration that the applicant is a citizen of the United States;  (8) The applicant's signature; and  (9) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.  This information shall be recorded on a single registration form to be prescribed by the secretary of state.  If the applicant fails to provide the information required for voter registration, the auditor shall send the applicant a verification notice. The auditor shall not register the applicant until the required information is provided. If a verification notice is returned as undeliverable or the applicant fails to respond to the notice within forty-five days, the auditor shall not register the applicant to vote.  The following warning shall appear in a conspicuous place on the voter registration form:   "If you knowingly provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine of up to ten thousand dollars, or both imprisonment and fine."[2003 c 111 § 216; 1994 c 57 § 11; 1990 c 143 § 7; 1973 1st ex.s. c 21 § 3; 1971 ex.s. c 202 § 9; 1965 c 9 § 29.07.070. Prior: 1947 c 68 § 3, part; 1933 c 1 § 11, part; Rem. Supp. 1947 § 5114-11, part; prior: 1921 c 177 § 7, part; 1915 c 16 § 8, part; 1901 c 135 § 4, part; 1893 c 45 § 3, part; 1889 p 416 § 8, part; RRS § 5126, part. Formerly RCW 29.07.070.]Notes:Effective date -- 2005 c 246: See note following RCW 10.64.140.Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021.Effective date -- 1990 c 143 §§ 1-8: See note following RCW 29A.08.340.Civil disabilities of wife abolished: RCW 26.16.160.Civil rightsloss of: State Constitution Art. 6 § 3, RCW 29A.08.520.restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.Copy of instrument restoring civil rights as evidence: RCW 5.44.090.Qualifications of electors: State Constitution Art. 6 § 1 (Amendment 5).Residence defined: RCW 29A.04.151.Subversive activities as disqualification for voting: RCW 9.81.040. RCW 29A.08.220Application Format Production.(1) The secretary of state shall specify by rule the format of all voter registration applications. These applications shall be compatible with existing voter registration records. An applicant for voter registration shall be required to complete only one application and to provide the required information other than his or her signature no more than one time. These applications shall also contain information for the voter to transfer his or her registration.  Any application format specified by the secretary for use in registering to vote in state and local elections shall satisfy the requirements of the National Voter Registration Act of 1993 (P.L. 103-31) and the Help America Vote Act of 2002 (P.L. 107-252) for registering to vote in federal elections.  (2) All registration applications required under RCW 29A.08.210 and 29A.08.340 shall be produced and furnished by the secretary of state to the county auditors and the department of licensing.[2004 c 267 § 115; 2003 c 111 § 217. Prior: 1994 c 57 § 18; 1990 c 143 § 9; 1973 1st ex.s. c 21 § 7; 1971 ex.s. c 202 § 18; 1965 c 9 § 29.07.140; prior: (i) 1933 c 1 § 30; RRS § 5114-30. (ii) 1933 c 1 § 13, part; RRS § 5114-13, part. Formerly RCW 29.07.140.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- 1994 c 57: See note following RCW 10.64.021. RCW 29A.08.230Oath of applicant.For all voter registrations, the registrant shall sign the following oath:   "I declare that the facts on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of a felony, I will have lived in Washington at this address for thirty days immediately before the next election at which I vote, and I will be at least eighteen years old when I vote."[2003 c 111 § 218; 1994 c 57 § 12; 1990 c 143 § 8; 1973 1st ex.s. c 21 § 4; 1971 ex.s. c 202 § 10; 1965 c 9 § 29.07.080. Prior: 1933 c 1 § 12; RRS § 5114-12. Formerly RCW 29.07.080.]Notes:Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021.Effective date -- 1990 c 143 §§ 1-8: See note following RCW 29A.08.340.Civil rightsloss of: State Constitution Art. 6 § 3, RCW 29A.08.520.restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW. RCW 29A.08.240Signature card. (Expires January 1, 2006.)(1) Until January 1, 2006, at the time of registering, a voter shall sign his or her name upon a signature card to be transmitted to the secretary of state. The voter shall also provide his or her first name followed by the last name or names and the name of the county in which he or she is registered. Once each week the county auditor shall transmit all such cards to the secretary of state. The secretary of state may exempt a county auditor who is providing electronic voter registration and electronic voter signature information to the secretary of state from the requirements of this section.  (2) This section expires January 1, 2006.[2004 c 267 § 116; 2003 c 111 § 219; 1994 c 57 § 13; 1973 1st ex.s. c 21 § 5; 1971 ex.s. c 202 § 11; 1965 c 9 § 29.07.090. Prior: 1933 c 1 § 13, part; RRS § 5114-13, part. Formerly RCW 29.07.090.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- 1994 c 57: See note following RCW 10.64.021.Signature cards -- File for checking initiative and referendum petitions: RCW 29A.72.220. RCW 29A.08.250Supplied without cost Citizenship, identification information. (Effective until January 1, 2006.)The secretary of state shall furnish registration forms necessary to carry out the registration of voters as provided by this chapter without cost to the respective counties. All voter registration forms must include clear and conspicuous language, designed to draw an applicant's attention, stating that the applicant must be a United States citizen in order to register to vote. Voter registration application forms must also contain a space for the applicant to provide his or her driver's license number or the last four digits of his or her social security number as well as check boxes intended to allow the voter to indicate age and United States citizenship eligibility under the Help America Vote Act of 2002 (P.L. 107-252).[2004 c 267 § 117; 2003 c 111 § 220; 2001 c 41 § 8; 1999 c 298 § 7; 1993 c 434 § 8. Formerly RCW 29.08.080.]Notes:Effective date -- 2005 c 246: See note following RCW 10.64.140.Effective dates -- 2004 c 267: See note following RCW 29A.08.651. RCW 29A.08.260Supply and distribution.The county auditor shall distribute forms by which a person may register to vote by mail and transfer any previous registration in this state. The county auditor shall keep a supply of voter registration forms in his or her office at all times for political parties and others interested in assisting in voter registration, and shall make every effort to make these forms generally available to the public. The county auditor shall provide voter registration forms to city and town clerks, state offices, schools, fire stations, and any other locations considered appropriate by the auditor or secretary of state for extending registration opportunities to all areas of the county. After the initial distribution of voter registration forms to a given location, a representative designated by the official in charge of that location shall notify the county auditor of the need for additional voter registration supplies.[2004 c 267 § 118; 2003 c 111 § 221. Prior: 1993 c 434 § 4. Formerly RCW 29.08.040.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651. RCW 29A.08.310Voter registration in state offices, colleges.(1) The governor, in consultation with the secretary of state, shall designate agencies to provide voter registration services in compliance with federal statutes.  (2) Each state agency designated shall provide voter registration services for employees and the public within each office of that agency.  (3) The secretary of state shall design and provide a standard notice informing the public of the availability of voter registration, which notice shall be posted in each state agency where such services are available.  (4) The secretary of state shall design and provide standard voter registration forms for use by these state agencies.  (5) Each institution of higher education shall put in place an active prompt on its course registration web site, or similar web site that students actively and regularly use, that, if selected, will link the student to the secretary of state's voter registration web site. The prompt must ask the student if he or she wishes to register to vote.[2003 c 111 § 222; 2002 c 185 § 3; 1994 c 57 § 10; 1984 c 211 § 2. Formerly RCW 29.07.025.]Notes:Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021.Intent -- 1984 c 211: "It is the intention of the legislature, in order to encourage the broadest possible participation in the electoral process by the citizens of the state of Washington, to make voter registration services available in state offices which have significant contact with the public." [1984 c 211 § 1.] RCW 29A.08.320Registration or transfer at designated agencies Form and application.(1) A person may register to vote or transfer a voter registration when he or she applies for service or assistance and with each renewal, recertification, or change of address at agencies designated under RCW 29A.08.310.  (2) A prospective applicant shall initially be offered a form approved by the secretary of state designed to determine whether the person wishes to register to vote. The form must comply with all applicable state and federal statutes regarding content.  The form shall also contain a box that may be checked by the applicant to indicate that he or she declines to register.  If the person indicates an interest in registering or has made no indication as to a desire to register or not register to vote, the person shall be given a mail-in voter registration application or a prescribed agency application as provided by RCW 29A.08.330.[2004 c 267 § 119; 2004 c 266 § 7; 2003 c 111 § 223. Prior: 1994 c 57 § 27. Formerly RCW 29.07.430.]Notes:Reviser's note: This section was amended by 2004 c 266 § 7 and by 2004 c 267 § 119, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Effective date -- 2004 c 266: See note following RCW 29A.04.575.Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021. RCW 29A.08.330Registration at designated agencies Procedures. (Effective until January 1, 2006.)(1) The secretary of state shall prescribe the method of voter registration for each designated agency. The agency shall use either the state voter registration by mail form with a separate declination form for the applicant to indicate that he or she declines to register at this time, or the agency may use a separate form approved for use by the secretary of state.  (2) The person providing service at the agency shall offer voter registration services to every client whenever he or she applies for service or assistance and with each renewal, recertification, or change of address. The person providing service shall give the applicant the same level of assistance with the voter registration application as is offered to fill out the agency's forms and documents, including information about age and citizenship requirements for voter registration.  (3) If an agency uses a computerized application process, it may, in consultation with the secretary of state, develop methods to capture simultaneously the information required for voter registration during a person's computerized application process.  (4) Each designated agency shall provide for the voter registration application forms to be collected from each agency office at least once each week. The agency shall then forward the application forms to the secretary of state each week. The secretary of state shall forward the forms to the county in which the applicant has registered to vote no later than ten days after the date on which the forms were received by the secretary of state.[2003 c 111 § 224. Prior: 2001 c 41 § 7; 1994 c 57 § 28. Formerly RCW 29.07.440.]Notes:Effective date -- 2005 c 246: See note following RCW 10.64.140.Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021. RCW 29A.08.340Registration with driver's license application or renewal.(1) A person may register to vote, transfer a voter registration, or change his or her name for voter registration purposes when he or she applies for or renews a driver's license or identification card under chapter 46.20 RCW.  (2) To register to vote, transfer his or her voter registration, or change his or her name for voter registration purposes under this section, the applicant shall provide the information required by RCW 29A.08.210.  (3) The driver licensing agent shall record that the applicant has requested to register to vote or transfer a voter registration.[2003 c 111 § 225; 2001 c 41 § 16; 1999 c 298 § 6; 1994 c 57 § 21; 1990 c 143 § 1. Formerly RCW 29.07.260.]Notes:Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021.Effective date -- 1990 c 143 §§ 1-8: "Sections 1 through 8 of this act shall take effect January 1, 1992." [1990 c 143 § 13.]Civil rightsloss of: State Constitution Art. 6 § 3, RCW 29A.08.520.restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.Driver licensing agents duties regarding voter registration: RCW 46.20.155. RCW 29A.08.350Duties of secretary of state, department of licensing, county auditors Information update. (Effective until January 1, 2006.)(1) The secretary of state shall provide for the voter registration forms submitted under RCW 29A.08.340 to be collected from each driver's licensing facility within five days of their completion.  (2) The department of licensing shall produce and transmit to the secretary of state a machine-readable file containing the following information from the records of each individual who requested a voter registration or transfer at a driver's license facility during each period for which forms are transmitted under subsection (1) of this section: The name, address, date of birth, gender of the applicant, the driver's license number, the date on which the application for voter registration or transfer was submitted, and the location of the office at which the application was submitted.  (3) The voter registration forms from the driver's licensing facilities must be forwarded to the county in which the applicant has registered to vote no later than ten days after the date on which the forms were to be collected.  (4) For a voter registration application where the address for voting purposes is different from the address in the machine-readable file received from the department of licensing, the secretary of state shall amend the record of that application in the machine-readable file to reflect the county in which the applicant has registered to vote.  (5) The secretary of state shall sort the records in the machine-readable file according to the county in which the applicant registered to vote and produce a file of voter registration transactions for each county. The records of each county may be transmitted on or through whatever medium the county auditor determines will best facilitate the incorporation of these records into the existing voter registration files of that county.  (6) The secretary of state shall produce a list of voter registration transactions for each county and transmit a copy of this list to that county with each file of voter registration transactions no later than ten days after the date on which that information was to be transmitted under subsection (1) of this section.  (7) If a registrant has indicated on the voter registration application form that he or she is registered to vote in another county in Washington but has also provided an address within the auditor's county that is for voter registration purposes, the auditor shall send, on behalf of the registrant, a registration cancellation notice to the auditor of that other county and the auditor receiving the notice shall cancel the registrant's voter registration in that other county. If the registrant has indicated on the form that he or she is registered to vote within the county but has provided a new address within the county that is for voter registration purposes, the auditor shall transfer the voter's registration.[2003 c 111 § 226; 1994 c 57 § 22; 1990 c 143 § 2. Formerly RCW 29.07.270.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021.Effective date -- 1990 c 143 §§ 1-8: See note following RCW 29A.08.340. RCW 29A.08.410Address change within county Transfer by telephone.To maintain a valid voter registration, a registered voter who changes his or her residence from one address to another within the same county shall transfer his or her registration to the new address in one of the following ways: (1) Sending to the county auditor a signed request stating the voter's present address and the address from which the voter was last registered; (2) appearing in person before the auditor and signing such a request; (3) transferring the registration in the manner provided by RCW 29A.08.430; or (4) telephoning the county auditor to transfer the registration. The telephone call transferring a registration by telephone must be received by the auditor before the precinct registration files are closed to new registrations for the next primary or special or general election in which the voter participates.[2003 c 111 § 228; 1994 c 57 § 35; 1991 c 81 § 23; 1975 1st ex.s. c 184 § 2; 1971 ex.s. c 202 § 24; 1965 c 9 § 29.10.020. Prior: 1955 c 181 § 4; prior: 1933 c 1 § 14, part; RRS § 5114-14, part; prior: 1919 c 163 § 9, part; 1915 c 16 § 9, part; 1889 p 417 § 12, part; RRS § 5129, part. Formerly RCW 29.10.020.]Notes:Severability -- 1994 c 57: See note following RCW 10.64.021.Effective date -- 1991 c 81: See note following RCW 29A.84.540.Severability -- 1975 1st ex.s. c 184: See note following RCW 29A.08.135. RCW 29A.08.420Reregistration on transfer to another county. (Effective until January 1, 2006.)A registered voter who changes his or her residence from one county to another county, shall be required to register anew. The voter shall sign an authorization to cancel his or her current registration. An authorization to cancel a voter's registration must be forwarded promptly to the county auditor of the county in which the voter was previously registered. The county auditor of the county where the previous registration was made shall cancel the registration of the voter if it appears that the signatures in the registration record and on the cancellation authorization form were made by the same person.[2003 c 111 § 229; 1999 c 100 § 3; 1994 c 57 § 36; 1991 c 81 § 24; 1977 ex.s. c 361 § 26; 1971 ex.s. c 202 § 26; 1965 c 9 § 29.10.040. Prior: 1933 c 1 § 15; RRS § 5114-15. Formerly RCW 29.10.040.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- 1994 c 57: See note following RCW 10.64.021.Effective date -- 1991 c 81: See note following RCW 29A.84.540.Effective date -- Severability -- 1977 ex.s. c 361: See notes following RCW 29A.16.040. RCW 29A.08.430Transfer on election day. (Effective until January 1, 2006.)(1) A person who is registered to vote in this state may transfer his or her voter registration on the day of a special or general election or primary under the following procedures:  (a) The voter may complete, at the polling place, a registration transfer form designed by the secretary of state and supplied by the county auditor; or  (b) The voter may write in his or her new residential address in the precinct list of registered voters.  The county auditor shall determine which of these two procedures are to be used in the county or may determine that both procedures are to be available to voters for use in the county.  (2) A voter who transfers his or her registration in the manner authorized by this section shall vote in the precinct in which he or she was previously registered.  (3) The auditor shall, within ninety days, mail to each voter who has transferred a registration under this section a notice of his or her current precinct and polling place.[2003 c 111 § 230. Prior: 1991 c 81 § 28; 1979 c 96 § 1. Formerly RCW 29.10.170.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Effective date -- 1991 c 81: See note following RCW 29A.84.540. RCW 29A.08.440Voter name change.To maintain a valid voter registration, a person who changes his or her name shall notify the county auditor regarding the name change in one of the following ways: (1) By sending the auditor a notice clearly identifying the name under which he or she is registered to vote, the voter's new name, and the voter's residence. Such a notice must be signed by the voter using both this former name and the voter's new name; (2) by appearing in person before the auditor or a registration assistant and signing such a change-of-name notice; (3) by signing such a change-of-name notice at the voter's precinct polling place on the day of a primary or special or general election; (4) by properly executing a name change on a mail-in registration application or a prescribed state agency application.  A properly registered voter who files a change-of-name notice at the voter's precinct polling place during a primary or election and who desires to vote at that primary or election shall sign the poll book using the voter's former and new names in the same manner as is required for the change-of-name notice.[2003 c 111 § 231; 1994 c 57 § 37; 1991 c 81 § 25. Formerly RCW 29.10.051.]Notes:Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021.Effective date -- 1991 c 81: See note following RCW 29A.84.540. RCW 29A.08.510Death. (Effective until January 1, 2006.)In addition to case-by-case maintenance under RCW 29A.08.620 and 29A.08.630 and the general program of maintenance of voter registration lists under RCW 29A.08.605, deceased voters will be canceled from voter registration lists as follows:  (1) Every month, the registrar of vital statistics of the state shall prepare a separate list of persons who resided in each county, for whom a death certificate was transmitted to the registrar and was not included on a previous list, and shall supply the appropriate list to each county auditor.  A county auditor shall compare this list with the registration records and cancel the registrations of deceased voters within at least forty-five days before the next primary or election held in the county after the auditor receives the list.  (2) In addition, the county auditor may also use newspaper obituary articles as a source of information in order to cancel a voter's registration. The auditor must verify the identity of the voter by matching the voter's date of birth or an address. The auditor shall record the date and source of the obituary in the cancellation records.  (3) In addition, any registered voter may sign a statement, subject to the penalties of perjury, to the effect that to his or her personal knowledge or belief another registered voter is deceased. This statement may be filed with the county auditor. Upon the receipt of such signed statement, the county auditor shall cancel the registration records concerned and so notify the secretary of state.[2003 c 111 § 232; 1999 c 100 § 1; 1994 c 57 § 41; 1983 c 110 § 1; 1971 ex.s. c 202 § 29; 1965 c 9 §29.10.090 . Prior: 1961 c 32 § 1; 1933 c 1 § 20; RRS § 5114-20. Formerly RCW 29.10.090.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- 1994 c 57: See note following RCW 10.64.021. RCW 29A.08.520Felony conviction. (Effective until January 1, 2006.)Upon receiving official notice of a person's conviction of a felony in either state or federal court, if the convicted person is a registered voter in the county, the county auditor shall cancel the defendant's voter registration.[2003 c 111 § 233. Prior: 1994 c 57 § 42. Formerly RCW 29.10.097.]Notes:Effective date -- 2005 c 246: See note following RCW 10.64.140.Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021.Restoration of civil rights: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW. RCW 29A.08.540Record of cancellations. (Effective until January 1, 2006.)Every county auditor shall carefully preserve in a separate file or list the registration records of persons whose voter registrations have been canceled as authorized under this title. The files or lists shall be kept in the manner prescribed by rule by the secretary of state. Information from such canceled registration records is available for public inspection and copying to the same extent established by RCW 29A.08.710 for other voter registration information.  The county auditor may destroy the voter registration information and records of any person whose voter registration has been canceled for a period of two years or more.[2003 c 111 § 235. Prior: 1991 c 81 § 26; 1971 ex.s. c 202 § 32; 1965 ex.s. c 156 § 1; 1965 c 9 § 29.10.110; prior: 1961 c 32 § 2; 1947 c 85 § 5; 1933 c 1 § 21; Rem. Supp. 1947 § 5114-21. Formerly RCW 29.10.110.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Effective date -- 1991 c 81: See note following RCW 29A.84.540. RCW 29A.08.605Registration list maintenance. (Effective until January 1, 2006.)In addition to the case-by-case maintenance required under RCW 29A.08.620 and 29A.08.630 and the canceling of registrations under RCW 29A.08.510, the county auditor shall establish a general program of voter registration list maintenance. This program must be a thorough review that is applied uniformly throughout the county and must be nondiscriminatory in its application. Any program established must be completed at least once every two years and not later than ninety days before the date of a primary or general election for federal office. The county may fulfill its obligations under this section in one of the following ways:  (1) The county auditor may enter into one or more contracts with the United States postal service, or its licensee, which permit the auditor to use postal service change-of-address information. If the auditor receives change of address information from the United States postal service that indicates that a voter has changed his or her residence address within the county, the auditor shall transfer the registration of that voter and send a confirmation notice informing the voter of the transfer to the new address. If the auditor receives postal change of address information indicating that the voter has moved out of the county, the auditor shall send a confirmation notice to the voter and advise the voter of the need to reregister in the new county. The auditor shall place the voter's registration on inactive status;  (2) A direct, nonforwardable, nonprofit or first-class mailing to every registered voter within the county bearing the postal endorsement "Return Service Requested." If address correction information for a voter is received by the county auditor after this mailing, the auditor shall place that voter on inactive status and shall send to the voter a confirmation notice;  (3) Any other method approved by the secretary of state.[2003 c 111 § 236. Prior: 1999 c 100 § 2; 1994 c 57 § 44; prior: 1993 c 434 § 10; 1993 c 417 § 8; 1991 c 363 § 31; 1989 c 261 § 1; 1987 c 359 § 1. Formerly RCW 29.10.180.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021.Purpose -- Captions not law -- 1991 c 363: See notes following RCW 2.32.180. RCW 29A.08.610Dual registration or voting detection. (Effective until January 1, 2006.)In addition to the case-by-case cancellation procedure required in RCW 29A.08.420, the county auditor, in conjunction with the office of the secretary of state, shall participate in an annual list maintenance program designed to detect persons registered in more than one county or voting in more than one county in an election. This program must be applied uniformly throughout the county and must be nondiscriminatory in its application. The program must be completed not later than thirty days before the date of a primary or general election.  The office of the secretary of state shall cause to be created a list of registered voters with the same date of birth and similar names who appear on two or more county lists of registered voters. The office of the secretary of state shall forward this list to each county auditor so that they may properly cancel the previous registration of voters who have subsequently registered in a different county. The county auditor of the county where the previous registration was made shall cancel the registration of the voter if it appears that the signatures in the registration and the signature provided to the new county on the voter's new registration were made by the same person.  If a voter is suspected of voting in two or more counties in an election, the county auditors in each county shall cooperate without delay to determine the voter's county of residence. The county auditor of the county of residence of the voter suspected of voting in two or more counties shall take action under RCW 29A.84.010 without delay.[2003 c 111 § 237; 2001 c 41 § 10; 1999 c 100 § 4. Formerly RCW 29.10.185.]RCW 29A.08.610Dual registration or voting detection. (Effective January 1, 2006.)In addition to the case-by-case cancellation procedure required in RCW 29A.08.420, the secretary of state, shall conduct an ongoing list maintenance program designed to detect persons registered in more than one county or voting in more than one county in an election. This program must be applied uniformly throughout the state and must be nondiscriminatory in its application. The program must be completed not later than thirty days before the date of a primary or general election.  The office of the secretary of state shall search the statewide voter registration list to find registered voters with the same date of birth and similar names. The secretary of state shall compare the signatures on each voter registration record and after confirming that a duplicate registration exists properly resolve the duplication.  If a voter is suspected of voting in two or more counties in an election, the county auditors in each county shall cooperate without delay to determine the voter's county of residence. The county auditor of the county of residence of the voter suspected of voting in two or more counties shall take action under RCW 29A.84.010 without delay.[2004 c 267 § 129; 2003 c 111 § 237; 2001 c 41 § 10; 1999 c 100 § 4. Formerly RCW 29.10.185.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651. RCW 29A.08.615"Active," "inactive" registered voters.Registered voters are divided into two categories, "active" and "inactive." All registered voters are classified as active, unless assigned to inactive status by the county auditor.[2003 c 111 § 238. Prior: 1994 c 57 § 34. Formerly RCW 29.10.015.]Notes:Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021. RCW 29A.08.620Assignment of voter to inactive status Confirmation notice. (Effective until January 1, 2006.)(1) A county auditor shall assign a registered voter to inactive status and shall send the voter a confirmation notice if any of the following documents are returned by the postal service as undeliverable:  (a) An acknowledgement of registration;  (b) An acknowledgement of transfer to a new address;  (c) A vote-by-mail ballot, absentee ballot, or application for a ballot;  (d) Notification to a voter after precinct reassignment;  (e) Notification to serve on jury duty; or  (f) Any other document other than a confirmation notice, required by statute, to be mailed by the county auditor to the voter.  (2) A county auditor shall also assign a registered voter to inactive status and shall send the voter a confirmation notice:  (a) Whenever change of address information received from the department of licensing under RCW 29A.08.350, or by any other agency designated to provide voter registration services under RCW 29A.08.310, indicates that the voter has moved to an address outside the county; or  (b) If the auditor receives postal change of address information under RCW 29A.08.605, indicating that the voter has moved out of the county.[2004 c 266 § 8; 2003 c 111 § 239. Prior: 1994 c 57 § 38. Formerly RCW 29.10.071.]Notes:Reviser's note: This section was amended by 2004 c 266 § 8 and by 2004 c 267 § 130, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Effective date -- 2004 c 266: See note following RCW 29A.04.575.Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021. RCW 29A.08.625Voting by inactive or canceled voters.(1) A voter whose registration has been made inactive under this chapter and who offers to vote at an ensuing election before two federal elections have been held must be allowed to vote a regular ballot and the voter's registration restored to active status.  (2) A voter whose registration has been properly canceled under this chapter shall vote a provisional ballot. The voter shall mark the provisional ballot in secrecy, the ballot placed in a security envelope, the security envelope placed in a provisional ballot envelope, and the reasons for the use of the provisional ballot noted.  (3) Upon receipt of such a voted provisional ballot the auditor shall investigate the circumstances surrounding the original cancellation. If he or she determines that the cancellation was in error, the voter's registration must be immediately reinstated, and the voter's provisional ballot must be counted. If the original cancellation was not in error, the voter must be afforded the opportunity to reregister at his or her correct address, and the voter's provisional ballot must not be counted.[2003 c 111 § 240; 1994 c 57 § 47. Formerly RCW 29.10.220.]Notes:Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021. RCW 29A.08.630Return of inactive voter to active status Cancellation of registration. (Effective until January 1, 2006.)The county auditor shall return an inactive voter to active voter status if, during the period beginning on the date the voter was assigned to inactive status and ending on the day of the second general election for federal office that occurs after the date that the voter was sent a confirmation notice, the voter: Notifies the auditor of a change of address within the county; responds to a confirmation notice with information that the voter continues to reside at the registration address; votes or attempts to vote in a primary or a special or general election and resides within the county; or signs any petition authorized by statute for which the signatures are required by law to be verified by the county auditor. If the inactive voter fails to provide such a notice or take such an action within that period, the auditor shall cancel the person's voter registration.[2003 c 111 § 241. Prior: 1994 c 57 § 39. Formerly RCW 29.10.075.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021. RCW 29A.08.635Confirmation notices Form, contents.Confirmation notices must be on a form prescribed by, or approved by, the secretary of state and must request that the voter confirm that he or she continues to reside at the address of record and desires to continue to use that address for voting purposes. The notice must inform the voter that if the voter does not respond to the notice and does not vote in either of the next two federal elections, his or her voter registration will be canceled.[2003 c 111 § 242. Prior: 1994 c 57 § 45. Formerly RCW 29.10.200.]Notes:Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021. RCW 29A.08.640Confirmation notice Response, auditor's action. (Effective until January 1, 2006.)If the response to the confirmation notice provides the county auditor with the information indicating that the voter has moved within the county, the auditor shall transfer the voter's registration. If the response indicates that the voter has left the county, the auditor shall cancel the voter's registration.[2003 c 111 § 243. Prior: 1994 c 57 § 46. Formerly RCW 29.10.210.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021. RCW 29A.08.710Originals and automated files. (Effective until January 1, 2006.)(1) The county auditor shall have custody of the voter registration records for each county. The original voter registration form must be filed without regard to precinct and is considered confidential and unavailable for public inspection and copying. An automated file of all registered voters must be maintained pursuant to RCW 29A.08.125. An auditor may maintain the automated file in lieu of filing or maintaining the original voter registration forms if the automated file includes all of the information from the original voter registration forms including, but not limited to, a retrievable facsimile of each voter's signature.  (2) The following information contained in voter registration records or files regarding a voter or a group of voters is available for public inspection and copying: The voter's name, gender, voting record, date of registration, and registration number. The address and political jurisdiction of a registered voter are available for public inspection and copying except as provided by chapter 40.24 RCW. No other information from voter registration records or files is available for public inspection or copying.[2003 c 111 § 246; 1994 c 57 § 17; 1991 c 81 § 21; 1971 ex.s. c 202 § 17; 1965 c 9 § 29.07.130. Prior: 1933 c 1 § 13, part; RRS § 5114-13, part. Formerly RCW 29.07.130.]Notes:Effective date -- 2005 c 246: See note following RCW 10.64.140.Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- 1994 c 57: See note following RCW 10.64.021.Effective date -- 1991 c 81: See note following RCW 29A.84.540. RCW 29A.08.720Registration, voting records As public records Information furnished Restrictions, confidentiality. (Effective until January 1, 2006.)(1) In the case of voter registration records received through the department of licensing, the identity of the office at which any particular individual registered to vote is not available for public inspection and shall not be disclosed to the public. In the case of voter registration records received through an agency designated under RCW 29A.08.310, the identity of the agency at which any particular individual registered to vote is not available for public inspection and shall not be disclosed to the public. Any record of a particular individual's choice not to register to vote at an office of the department of licensing or a state agency designated under RCW 29A.08.310 is not available for public inspection and any information regarding such a choice by a particular individual shall not be disclosed to the public.  (2) All poll books or current lists of registered voters, except original voter registration forms or their images, shall be public records and be made available for inspection under such reasonable rules and regulations as the county auditor may prescribe. The county auditor shall promptly furnish current lists or mailing labels of registered voters in his or her possession, at actual reproduction cost, to any person requesting such information. The lists and labels shall not be used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. However, the lists and labels may be used for any political purpose.[2004 c 266 § 9; 2003 c 111 § 247; 1994 c 57 § 5; 1975-'76 2nd ex.s. c 46 § 1; 1974 ex.s. c 127 § 2; 1973 1st ex.s. c 111 § 2; 1971 ex.s. c 202 § 3; 1965 ex.s. c 156 § 6. Formerly RCW 29.04.100.]Notes:Effective date -- 2005 c 246: See note following RCW 10.64.140.Effective date -- 2004 c 266: See note following RCW 29A.04.575.Severability -- 1994 c 57: See note following RCW 10.64.021.Forms, secretary of state to design -- Availability to public: RCW 29A.08.850.Signature required to vote -- Procedure if voter unable to sign name: RCW 29A.44.210. RCW 29A.08.740Violations of restricted use of registered voter data Penalties Liabilities. (Effective until January 1, 2006.)(1) Any person who uses registered voter data furnished under RCW 29A.08.720 or 29A.08.730 for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value is guilty of a class C felony punishable by imprisonment in a state correctional facility for a period of not more than five years or a fine of not more than ten thousand dollars or both such fine and imprisonment, and is liable to each person provided such advertisement or solicitation, without the person's consent, for the nuisance value of such person having to dispose of it, which value is herein established at five dollars for each item mailed or delivered to the person's residence. However, a person who mails or delivers any advertisement, offer, or solicitation for a political purpose is not liable under this section unless the person is liable under subsection (2) of this section. For purposes of this subsection, two or more attached papers or sheets or two or more papers that are enclosed in the same envelope or container or are folded together are one item. Merely having a mailbox or other receptacle for mail on or near the person's residence is not an indication that the person consented to receive the advertisement or solicitation. A class action may be brought to recover damages under this section, and the court may award a reasonable attorney's fee to any party recovering damages under this section.  (2) Each person furnished data under RCW 29A.08.720 or 29A.08.730 shall take reasonable precautions designed to assure that the data is not used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. However, the data may be used for any political purpose. Where failure to exercise due care in carrying out this responsibility results in the data being used for such purposes, then such person is jointly and severally liable for damages under subsection (1) of this section along with any other person liable under subsection (1) of this section for the misuse of such data.[2003 c 111 § 249; 2003 c 53 § 176; 1999 c 298 § 2; 1992 c 7 § 32; 1974 ex.s. c 127 § 3; 1973 1st ex.s. c 111 § 4. Formerly RCW 29.04.120.]Notes:Effective date -- 2005 c 246: See note following RCW 10.64.140.Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180. RCW 29A.08.760Computer file Duplicate copy Restrictions and penalties. (Effective until January 1, 2006.)As soon as any or all of the voter registration data from the counties has been received under RCW 29A.08.750 and processed, the secretary of state shall provide a duplicate copy of this data to the political party organization or other individual making the request, at cost, shall provide a duplicate copy of the master statewide computer tape or data file of registered voters to the statute law committee without cost, and shall provide a duplicate copy of the master statewide computer tape or electronic data file of registered voters to the department of information services for purposes of creating the jury source list without cost. Restrictions as to the commercial use of the information on the statewide computer tape or data file of registered voters, and penalties for its misuse, shall be the same as provided in RCW *29A.08.730 and 29A.08.740.[2003 c 111 § 251; 1995 c 135 § 2. Prior: 1993 c 441 § 2; 1993 c 408 § 10; 1977 ex.s. c 226 § 1; 1975-'76 2nd ex.s. c 46 § 3. Formerly RCW 29.04.160.]Notes:*Reviser's note: RCW 29A.08.730 was repealed by 2005 c 246 § 25, effective January 1, 2006.Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Intent -- 1995 c 135: "The only intent of the legislature in this act is to correct multiple amendments and delete obsolete provisions. It is not the intent of the legislature to change the substance or effect of any presently effective statute." [1995 c 135 § 1.]Effective date -- 1993 c 441: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [1993 c 441 § 3.]Severability -- Effective dates -- 1993 c 408: See notes following RCW 2.36.054. RCW 29A.08.770Records concerning accuracy and currency of voters lists. (Effective until January 1, 2006.)Each county auditor shall maintain for at least two years and shall make available for public inspection and copying all records concerning the implementation of programs and activities conducted for the purpose of insuring the accuracy and currency of official lists of eligible voters. These records must include lists of the names and addresses of all persons to whom notices are sent and information concerning whether or not each person has responded to the notices. These records must contain lists of all persons removed from the list of eligible voters and the reasons why the voters were removed.[2003 c 111 § 252. Prior: 1994 c 57 § 7. Formerly RCW 29.04.240.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021. RCW 29A.08.810Initiation.Registration of a person as a voter is presumptive evidence of his or her right to vote at any primary or election, general or special. A person's right to vote may be challenged at the polls only by a precinct judge or inspector. A challenge may be made only upon the belief or knowledge of the challenging officer that the voter is unqualified. The challenge must be supported by evidence or testimony given to the county canvassing board under RCW 29A.08.820 and may not be based on unsupported allegations or allegations by anonymous third parties. The identity of the challenger, and any third person involved in the challenge, shall be public record and shall be announced at the time the challenge is made.  Challenges initiated by a registered voter must be filed not later than the day before any primary or election, general or special, at the office of the appropriate county auditor. A challenged voter may properly transfer or reregister until three days before the primary or election, general or special, by applying personally to the county auditor. Challenges may also be initiated by the office of the county prosecuting attorney and must be filed in the same manner as challenges initiated by a registered voter.[2003 c 111 § 253. Prior: 2001 c 41 § 9; 1987 c 288 § 1; 1983 1st ex.s. c 30 § 2. Formerly RCW 29.10.125.]Notes:Right to voteloss of: State Constitution Art. 6 § 3, RCW 11.88.010, 11.88.090.restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW. RCW 29A.08.820Voting by person challenged Burden of proof, procedures.When the right of a person has been challenged under RCW 29A.08.810 or 29A.08.830(2), the challenged person shall be permitted to vote a ballot which shall be placed in a sealed envelope separate from other voted ballots. In precincts where voting machines are used, any person whose right to vote is challenged under RCW 29A.08.810 or 29A.08.830(2) shall be furnished a paper ballot, which shall be placed in a sealed envelope after being marked. Included with the challenged ballot shall be (1) an affidavit filed under RCW 29A.08.830 challenging the person's right to vote or (2) an affidavit signed by the precinct election officer and any third party involved in the officer's challenge and stating the reasons the voter is being challenged. The sealed ballots of challenged voters shall be transmitted at the close of the election to the canvassing board or other authority charged by law with canvassing the returns of the particular primary or election. The county auditor shall notify the challenger and the challenged voter, by certified mail, of the time and place at which the county canvassing board will meet to rule on challenged ballots. If the challenge is made by a precinct election officer under RCW 29A.08.810, the officer must appear in person before the board unless he or she has received written authorization from the canvassing board to submit an affidavit supporting the challenge. If the challenging officer has based his or her challenge upon evidence provided by a third party, that third party must appear with the challenging officer before the canvassing board, unless he or she has received written authorization from the canvassing board to submit an affidavit supporting the challenge. If the challenge is filed under RCW 29A.08.830, the challenger must either appear in person before the board or submit an affidavit supporting the challenge. The challenging party must prove to the canvassing board by clear and convincing evidence that the challenged voter's registration is improper. If the challenging party fails to meet this burden, the challenged ballot shall be accepted as valid and counted. The canvassing board shall give the challenged voter the opportunity to present testimony, either in person or by affidavit, and evidence to the canvassing board before making their determination. All challenged ballots must be determined no later than the time of canvassing for the particular primary or election. The decision of the canvassing board or other authority charged by law with canvassing the returns shall be final. Challenges of absentee ballots shall be determined according to RCW 29A.40.140.[2003 c 111 § 254; 1987 c 288 § 2; 1983 1st ex.s. c 30 § 3. Formerly RCW 29.10.127.]Notes:Right to voteloss of: State Constitution Art. 6 § 3, RCW 11.88.010, 11.88.090.restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW. RCW 29A.08.830Affidavit Administration, notice of challenge.(1) Any registered voter may request that the registration of another voter be canceled if he or she believes that the voter does not meet the requirements of Article VI, section 1 of the state Constitution or that voter no longer maintains a legal voting residence at the address shown on his or her registration record. The challenger shall file with the county auditor a signed affidavit subject to the penalties of perjury, to the effect that to his or her personal knowledge and belief another registered voter does not actually reside at the address as given on his or her registration record or is otherwise not a qualified voter and that the voter in question is not protected by the provisions of Article VI, section 4, of the Constitution of the state of Washington. The person filing the challenge must furnish the address at which the challenged voter actually resides.  (2) Any such challenge of a voter's registration and right to vote made less than thirty days before a primary or election, special or general, shall be administered under RCW 29A.08.820. The county auditor shall notify the challenged voter and the precinct election officers in the voter's precinct that a challenge has been filed, provide the name of the challenger, and instruct both the precinct election officers and the voter that, in the event the challenged voter desires to vote at the ensuing primary or election, a challenged ballot will be provided. The voter shall also be informed that the status of his or her registration and the disposition of any challenged ballot will be determined by the county canvassing board in the manner provided by RCW 29A.08.820. If the challenged voter does not vote at the ensuing primary or election, the challenge shall be processed in the same manner as challenges made more than thirty days prior to the primary or election under RCW 29A.08.840.[2003 c 111 § 255. Prior: 1987 c 288 § 3; 1983 1st ex.s. c 30 § 4; 1967 c 225 § 2; 1965 ex.s. c 156 § 2. Formerly RCW 29.10.130.] RCW 29A.08.840Procedure before cancellation.All challenges of voter registration under RCW 29A.08.830 made thirty days or more before a primary or election, general or special, shall be delivered to the appropriate county auditor who shall notify the challenged voter, by certified mail, that his or her voter registration has been challenged.  The notification shall be mailed to the address at which the challenged voter is registered, any address provided by the challenger under RCW 29A.08.830, and to any other address at which the individual whose registration is being challenged is alleged to reside or at which the county auditor would reasonably expect that individual to receive notice of the challenge of his or her voter registration. Included in the notification shall be a request that the challenged voter appear at a hearing to be held within ten days of the mailing of the request, at the place, day, and hour stated, in order to determine the validity of his or her registration. The challenger shall be provided with a copy of this notification and request. If either the challenger or the challenged voter is unable to appear in person, he or she may file a reply by means of an affidavit stating under oath the reasons he or she believes the registration to be invalid or valid.  If both the challenger and the challenged voter file affidavits instead of appearing in person, an evaluation of the affidavits by the county auditor constitutes a hearing for the purposes of this section.  The county auditor shall hold a hearing at which time both parties may present their facts and arguments. After reviewing the facts and arguments, including any evidence submitted by either side, the county auditor shall rule as to the validity or invalidity of the challenged registration. His or her ruling is final subject only to a petition for judicial review by the superior court under chapter 34.05 RCW. If either party, or both parties, fail to appear at the meeting or fail to file an affidavit, the county auditor shall determine the status of the registration based on his or her evaluation of the available facts.[2003 c 111 § 256. Prior: 1987 c 288 § 4; 1983 1st ex.s. c 30 § 5; 1971 ex.s. c 202 § 34; 1967 c 225 § 3; 1965 ex.s. c 156 § 3. Formerly RCW 29.10.140.] RCW 29A.08.850Challenge of registration Forms, availability.The secretary of state as chief elections officer shall cause appropriate forms to be designed to carry out the provisions of RCW 29A.08.830 and 29A.08.840. The county auditors and registration assistants shall have such forms available. Further, a reasonable supply of such forms shall be at each polling place on the day of a primary or election, general or special.[2003 c 111 § 257; 1991 c 81 § 27; 1971 ex.s. c 202 § 35; 1965 ex.s. c 156 § 4. Formerly RCW 29.10.150.]Notes:Effective date -- 1991 c 81: See note following RCW 29A.84.540.

USA Statutes : washington