Senate Bill 5679

Source

Section 1

The legislature finds that:

  1. Washingtonians expect voter registration requirements and processes to ensure only eligible people under Article VI, section 1 of the Washington state Constitution and chapter 29A.08 RCW be granted the ability to vote in elections conducted in the state of Washington.

  2. Article VI, section 1 of the Washington state Constitution explicitly states that all persons 18 years of age or older who are United States citizens and who have lived in the state, county, and precinct 30 days immediately preceding the election at which they offer to vote shall be entitled to vote at all elections.

  3. Same-day voter registration laws enable people 18 years of age or older who are United States citizens to submit an address change to their voter registration within 30 days of an election at which they offer to vote.

  4. Voters need additional assurance that only one ballot per voter will be accepted by local elections officials, even if more than one ballot is returned for a voter.

  5. To meet eligibility requirements to vote, including when a person is provided an opportunity to register to vote through obtaining a driver's license or identicard with the department of licensing, a person must submit a signed attestation that they are a United States citizen on their voter registration form.

  6. Financial barriers exist for applicants of enhanced driver's licenses, which require proof of United States citizenship, and disproportionately affect low-income people.

  7. All eligible people in Washington state should have access to voter registration methods that provide the greatest level of confidence that they are eligible to vote.

  8. Local elections officials should have immediate access to comprehensive tools and information to conduct thorough searches of potentially duplicate voter registrations and active registrations of deceased voters.

  9. Misinformation and disinformation, as well as incomplete information about the level of voter fraud committed in Washington state, contributes to an ongoing lack of trust in election integrity.

  10. In order to defer future acts of voter fraud, the legislature requires more detailed accounts of the number of potential cases of improper voting referred to county prosecuting attorneys and of those cases compared to the number of cases found to be fraudulent.

Section 2

This section adds a new section to an existing chapter 29A.08. Here is the modified chapter for context.

  1. The Washington state patrol, in coordination with the office of the secretary of state and local elections officials, must conduct a survey of signatures on returned voter ballot envelopes from the 2022 general election. Such survey must include a comparison to measure the accuracy of signatures on voter registrations against signatures on ballot return envelopes using a sample size of between 5,000 to 10,000 voter registration signatures randomly selected from each county based on the number of registered voters therein.

  2. The Washington state patrol must report the result of the survey to the legislature and the secretary of state by December 1, 2023.

  3. This section expires July 1, 2024.

Section 3

This section modifies existing section 46.20.155. Here is the modified chapter for context.

  1. Before issuing an original license or identicard or renewing a license or identicard under this chapter, the licensing agent shall determine if the applicant wants to register to vote or update his or her voter registration by asking the following question:

"Do you want to register or sign up to vote or update your voter registration?"

If the applicant chooses to register, sign up, or update a registration, the agent shall provide the applicant with a signature pad that displays the requirements for voter registration under Article VI, section 1 of the Washington state Constitution and asks the applicant to affirm each of the following:

  1. "I declare that the facts on this voter registration form are true."

  2. "I am a United States citizen**.**"

  3. "I will have lived at this address in Washington for at least 30 days immediately before the next election at which I vote."

  4. "I am at least eighteen years old or I am at least sixteen years old and will vote only after I turn eighteen**.**"

  5. "I am not disqualified from voting due to a court order, and I am not under department of corrections supervision for a Washington felony conviction."

If the applicant affirms all prompts, the applicant must record a signature on the pad, then the agent shall submit the registration, sign up form, or update. If the applicant does not affirm all prompts, the agent shall not submit an application. Information that is otherwise disclosable under chapter 29A.08 RCW cannot be disclosed on the future voter until the person reaches eighteen years of age, except for the purpose of processing and delivering ballots.

  1. The department shall establish a procedure that substantially meets the requirements of subsection (1) of this section when permitting an applicant to renew a license or identicard by mail or by electronic commerce.

Section 4

This section modifies existing section 46.20.155. Here is the modified chapter for context.

  1. Before issuing an original license or identicard or renewing a license or identicard under this chapter, the licensing agent shall determine if the applicant wants to register to vote or update his or her voter registration by asking the following question:

"Do you want to register or sign up to vote or update your voter registration?"

If the applicant chooses to register, sign up, or update a registration, the agent shall provide the applicant with a signature pad that displays the requirements for voter registration under Article VI, section 1 of the Washington state Constitution and asks the applicant to affirm each of the following:

  1. "I declare that the facts on this voter registration form are true."

  2. "I am a United States citizen**.**"

  3. "I will have lived at this address in Washington for at least 30 days immediately before the next election at which I vote."

  4. "I am at least sixteen years old**.**"

  5. "I am not disqualified from voting due to a court order, and I am not under department of corrections supervision for a Washington felony conviction."

If the applicant affirms all prompts, the applicant must record a signature on the pad, then the agent shall submit the registration, sign up form, or update. If the applicant does not affirm all prompts, the agent shall not submit an application. Information that is otherwise disclosable under chapter 29A.08 RCW cannot be disclosed on the future voter until the person reaches eighteen years of age, except for the purpose of processing and delivering ballots.

  1. The department shall establish a procedure that substantially meets the requirements of subsection (1) of this section when permitting an applicant to renew a license or identicard by mail or by electronic commerce.

Section 6

This section modifies existing section 29A.08.610. Here is the modified chapter for context.

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 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. Once the potential duplicate registrations are identified, the secretary of state shall refer the potential duplicate registrations to the appropriate county auditors, who shall compare the signatures on each voter registration record and, after confirming that a duplicate registration exists properly resolve the duplication.

The secretary of state shall provide each county auditor, without cost, access to a legal research data service that includes death and court records covering the United States to assist in the list maintenance program.

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.

Section 7

This section adds a new section to an existing chapter 29A.84. Here is the modified chapter for context.

By December 31st of each year, the Washington association of prosecuting attorneys shall compile and report a list of all cases prosecuted within the state of Washington involving violations of this title. Such a list shall include:

  1. The number of cases referred to prosecutors in the previous 12 months with a description of the allegations and circumstances;

  2. The number of prosecutions initiated based on the referrals; and

  3. The number of and the current status or ultimate outcome of the cases to date.

Section 10

This act may be known and cited as the voter confidence act.


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