wa-law.org > bill > 2023-24 > SB 5209 > Original Bill
The legislature finds that the words "We the People" are central to our system of government. Universal civic duty voting would give us a system where every vote counts, and the people who represent us would have to speak to all of us. People would be able to vote without obstruction or suppression. Washington voters who now solemnly accept their responsibilities to sit on juries, defend our country, and pay taxes should take the obligation to the work of government just as seriously. People must register for the selective service, serve on a jury, and pay taxes; they should also be required to cast a ballot. With this act the legislature creates an election system designed to enable citizens to perform their most basic civic duty with ease. Civic duty voting declares that everyone counts and that everyone has a responsibility to have their vote counted.
Every person who is eligible to vote under Article VI, section 1 of the state Constitution must register to vote using one of the methods prescribed in this title unless the person obtains a waiver from the obligation to register to vote.
A waiver from the obligation to register to vote is permanent unless withdrawn by the person who has obtained the waiver.
A person is not required to provide a reason for seeking the waiver from the obligation to register to vote.
A person may withdraw their waiver from the obligation to register to vote at any time by registering to vote under any of the methods prescribed in this chapter. If a person withdraws their waiver and registers to vote, the person shall become eligible to vote according to the timelines in RCW 29A.08.140.
The secretary shall create a form to allow persons to waive the obligation to register to vote. The form shall be clear, concise, and minimize the risk that the applicant for the waiver of the obligation to register will make any errors. The form must be made available online on the secretary's website and the website of county elections officials. The form must also be transmitted to state agencies conducting voter registration as designated under RCW 29A.08.310.
A request for waiver from the obligation to register to vote must be submitted to the secretary or county elections office and is effective upon submission.
Each active registered voter of the state, overseas voter, and service voter shall automatically be issued a mail ballot for each general election, special election, or primary. Overseas voters and service voters are authorized to cast the same ballots, including those for special elections, as a registered voter of the state would receive under this chapter. Each active registered voter shall continue to receive a ballot by mail until the death or disqualification of the voter, cancellation of the voter's registration, or placing the voter on inactive status. Each registered voter must return a ballot for each primary and general election.
(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.
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.
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.
The person providing service at the agency shall determine if the prospective 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 service agent shall ask the following:
a. "Are you a United States citizen?"
b. "Are you at least sixteen years old?"
If the applicant answers in the affirmative to both questions, the agent shall then provide the applicant with a voter registration form and instructions and shall record that the applicant has requested to sign up to vote, register to vote, or update a voter registration. If the applicant answers in the negative to either question, the agent shall provide the applicant with a form for the waiver from the obligation to register to vote.
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.
Each designated agency shall transmit the applications and waivers to the secretary of state or appropriate county auditor within three business days and must be received by the election official by the required voter registration deadline.
Information that is otherwise disclosable under this chapter cannot be disclosed on the future voter until the person reaches eighteen years of age, except for the purpose of processing and delivering ballots.
The department of licensing must allow a person age eighteen years or older to be registered to vote or update voter registration information by automated process at the time of registration, renewal, or change of address if:
The person meets requirements for voter registration;
The person has received or is renewing an enhanced driver's license or identicard issued under RCW 46.20.202 or is changing the address for an existing enhanced driver's license or identicard pursuant to RCW 46.20.205; and
The department of licensing record associated with the applicant contains:
The data required to determine whether the applicant meets requirements for voter registration under RCW 29A.08.010;
Other information as required by the secretary of state; and
A signature image.
The department of licensing must allow a person sixteen or seventeen years of age to be signed up to register to vote by automated process at the time of registration, renewal, or change of address if:
The person meets requirements to sign up to register to vote;
The person has received or is renewing an enhanced driver's license or identicard issued under RCW 46.20.202 or is changing the address for an existing enhanced driver's license or identicard pursuant to RCW 46.20.205; and
The department of licensing record associated with the applicant contains:
The data required to determine whether the applicant meets the requirements for voter registration under RCW 29A.08.210, other than age;
Other information as required by the secretary of state; and
A signature image.
The person must be informed that his or her record will be used for voter registration and offered an opportunity to decline to register. If the person declines to register to vote, they must be offered a form for waiver from the obligation to register to vote.
"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 ask the following:
"Are you a United States citizen?"
"Are you at least sixteen years old ?"
If the applicant answers in the affirmative to both questions, the agent shall then submit the registration, sign up form, or update. If the applicant answers in the negative to either question, the agent shall not offer the applicant a form for waiver from the obligation to register to vote. 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.
A person who intentionally disenfranchises another voter by completing a form for the waiver of the obligation to register to vote in the other voter's name is guilty of a misdemeanor punishable under RCW 9A.20.021.
(1) On the top of each ballot must be printed:
Before the 2026 primary election, the secretary shall implement a plan for expanded voter registration in the state, including a statewide education plan on the implementation of universal civic duty voting. The statewide education plan must be conducted in multiple languages and use a variety of media sources, including locally owned and minority-owned media. The secretary must work with community partners to ensure the widest possible dissemination of information on the implementation of universal civic duty voting.
The secretary shall report to the legislature the details of the plan required in this section and any funding required for implementation of the plan by January 1, 2025.
This section expires January 1, 2027.
By February 1, 2026, county elections officials, in coordination with the secretary, shall mail to each household and provide to each agency that provides voter registration under chapter 29A.08 RCW a notice that:
Explains the changes to voter registration and election requirements beginning with the 2026 primary election as set forth in this act;
Informs the recipient that each registered voter will be required to either cast a ballot or provide a valid reason for not casting a ballot, with the option to cast a blank ballot; and
Explains the process for any eligible voter to submit a waiver from the obligation to register to vote.
This section expires January 1, 2027.