wa-law.org > bill > 2025-26 > SB 5817 > Original Bill
The office of the secretary of state shall contract with the Evans School at the University of Washington for a study to examine issues relating to security testing of the voter registration system and provide a report to the chair of the senate state government committee. Such examination must analyze system gaps and other flaws that could allow duplicate voter registration to occur.
Part of the security examination must include a review of methods used in identifying and appropriately processing duplicate applications for registration, best practices in preventing the creation of duplicate voter registrations by a single voter, and removing registration records for voters that have died or are no longer legal residents of Washington.
The study must examine processes used by other states and ensure compliance with federal and state voter registration law, case law, and the United States and state Constitutions.
The study must review the potential for using the driver license number issued by the department of licensing as the official unique identifying number for voter registration records.
The Evans School at the University of Washington must issue a report on the findings of the study described in this section, including recommendations to improving voter registration accuracy and security, by January 1, 2027.
The minimum required information provided on a voter registration application in order to place a voter registration applicant on the voter registration rolls includes:
Name;
Residential address;
Date of birth;
A signature attesting to the truth of the information provided on the application;
An address where the person receives mail, if different from the residence address; and
Proof of citizenship which confirms the individual is a United States citizen, in one of the following forms:
Presentation of documentary proof of United States citizenship as defined in Executive Order No. 14248 (March 25, 2025), 90 Fed. Reg. 14005 (March 28, 2025); or
Presentation of documents as part of another government transaction confirming citizenship.
The residential address provided must identify the actual physical residence of the voter in Washington, as defined in RCW 29A.04.151, with detail sufficient to allow the voter to be assigned to the proper precinct and to locate the voter to confirm his or her residence for purposes of verifying qualification to vote under Article VI, section 1 of the state Constitution. A residential address may be either a traditional address or a nontraditional address.
A traditional address consists of a street number and name, optional apartment number or unit number, and city or town, as assigned by a local government, which serves to identify the parcel or building of residence and the unit if a multiunit residence.
A nontraditional address consists of a narrative description of the location of the voter's residence, and may be used when a traditional address has not been assigned or affixed to the voter's residence or when a voter resides on an Indian reservation or Indian lands, pursuant to the conditions in RCW 29A.08.112.
All other information supplied is ancillary and not to be used as grounds for not registering an applicant to vote.
Modification of the language of the official Washington state voter registration form by the voter will not be accepted and will cause the rejection of the registrant's application.
The department of licensing shall produce and transmit to the secretary of state the following information from the records of each individual who requested to register to vote or update the individual's existing voter registration at a driver's license facility: The name, address, date of birth, any gender information provided by the applicant, the driver's license number, signature image, any language preference information collected, any phone number provided by the voter, any email address provided by the voter, the date on which the application for voter registration or update was submitted, and the name and title of the department's agent who processed the registration. The secretary of state shall process the registrations and updates as an electronic application. If requested by the secretary of state, the department shall provide copies of the documents submitted to prove citizenship for an individual subject to this section.
The county auditor shall send each voter a ballot, a security envelope in which to conceal the ballot after voting, a larger envelope in which to return the security envelope, a declaration that the voter must sign, instructions informing the voter to enclose a copy of the voter's valid photo identification, and instructions on how to obtain information about the election, how to mark the ballot, and how to return the ballot to the county auditor. The calendar date of the election must be prominently displayed in bold type, twenty-point font or larger, on the envelope sent to the voter containing the ballot and other materials listed in this subsection.
The voter must swear under penalty of perjury that he or she meets the qualifications to vote, and has not voted in any other jurisdiction at this election. The declaration must clearly inform the voter that it is illegal to vote if he or she is not a United States citizen; it is illegal to vote if he or she is serving a sentence of total confinement under the jurisdiction of the department of corrections for a felony conviction or is currently incarcerated for a federal or out-of-state felony conviction; it is illegal to cast a ballot or sign a ballot declaration on behalf of another voter; and that the signature on the declaration will be compared to the signature in the voter's registration file. The ballot materials must provide space for the voter to sign the declaration, indicate the date on which the ballot was voted, and include a telephone number.
For overseas and service voters, the signed declaration constitutes the equivalent of a voter registration. Return envelopes for overseas and service voters must enable the ballot to be returned postage free if mailed through the United States postal service, United States armed forces postal service, or the postal service of a United States foreign embassy under 39 U.S.C. 3406.
The voter must be instructed to either return the ballot to the county auditor no later than 8:00 p.m. the day of the election or primary, or mail the ballot to the county auditor with a postmark no later than the day of the election or primary. Return envelopes for all election ballots must include prepaid postage. Service and overseas voters must be provided with instructions and a privacy sheet for returning the ballot and signed declaration by fax or email. A voted ballot and signed declaration returned by fax or email must be received by 8:00 p.m. on the day of the election or primary.
The county auditor's name may not appear on the security envelope, the return envelope, or on any voting instructions or materials included with the ballot if he or she is a candidate for office during the same year.
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
"Prepaid postage" means any method of return postage paid by the county or state.
"Valid photo identification" means identification described in RCW 29A.40.160(10)(b).
Each county auditor shall open a voting center each primary, special election if the county is conducting an election, and general election. The voting center shall be open during business hours during the voting period, which begins eighteen days before, and ends at 8:00 p.m. on the day of, the primary, special election if the county is conducting an election, or general election.
Each county auditor shall open a voting center at each of the following locations in the county:
At the county auditor's office or at the division of elections that is in a separate location from the county auditor's office; and
For each presidential general election, in each city in the county with a population of one hundred thousand or greater which does not have a voting center as required in (a) of this subsection. A voting center opened pursuant to this subsection (2) is not required to be open on the Sunday before the presidential election.
Voting centers shall be located in public buildings or buildings that are leased by a public entity including, but not limited to, libraries.
Each voting center, and at least one of the other locations designated by the county auditor to allow voters to register in person pursuant to RCW 29A.08.140(1)(b), must provide voter registration materials, ballots, provisional ballots, disability access voting units, sample ballots, instructions on how to properly vote the ballot, a ballot drop box, and voters' pamphlets, if a voters' pamphlet has been published.
Each voting center must be accessible to persons with disabilities. Each state agency and entity of local government shall permit the use of any of its accessible facilities as voting centers when requested by a county auditor.
Each voting center must provide at least one voting unit certified by the secretary of state that provides access to individuals who are blind or visually impaired, enabling them to vote with privacy and independence.
No person may interfere with a voter attempting to vote in a voting center. Interfering with a voter attempting to vote is a violation of RCW 29A.84.510. The county auditor shall designate by administrative rule a specific point or points as the entrance to each voting center, taking into account the unique attributes of the voting center, to assure that voters have the ability to arrive and depart unimpeded.
No person may interfere with the operation of a voting center. Interfering with the operation of a voting center is a violation of RCW 29A.84.510. This prohibition includes unauthorized access or handling of ballots, and unauthorized access to any voting equipment or election systems. Unauthorized access includes elected officials and county staff accessing systems in any manner not required by their job function.
Before opening the voting center, the voting equipment shall be inspected to determine if it has been properly prepared for voting. If the voting equipment is capable of direct tabulation of each voter's choices, the county auditor shall verify that no votes have been registered for any issue or office, and that the device has been sealed with a unique numbered seal at the time of final preparation and logic and accuracy testing. A log must be made of all device numbers and seal numbers.
The county auditor shall require any person desiring to vote at a voting center to sign a ballot declaration and provide identification.
The signature on the declaration must be compared to the signature on the voter registration record before the ballot may be counted. If the voter registered using a mark, or can no longer sign the voter's name, the election officers shall require the voter to be identified by another registered voter.
The identification must be valid photo identification, such as a driver's license, state identification card, tribal identification card, or federal government-issued photo identification card. A tribal identification card is not required to include a residential address or an expiration date to be considered valid under this section. Any individual who desires to vote in person but cannot provide identification shall be issued a provisional ballot, which shall be accepted if the signature on the declaration matches the signature on the voter's registration record.
Provisional ballots must be accompanied by a declaration and security envelope, as required by RCW 29A.40.091, and space for the voter's name, date of birth, current and former registered address, reason for the provisional ballot, and disposition of the provisional ballot. The voter shall vote and return the provisional ballot at the voting center and provide photo identification as provided in subsection (10) of this section. The voter must be provided information on how to ascertain whether the provisional ballot was counted and, if applicable, the reason why the vote was not counted.
Any voter may take printed or written material into the voting device to assist in casting votes. The voter shall not use this material to electioneer and shall remove it when leaving the voting center.
If any voter states that the voter is unable to cast a vote due to a disability, the voter may designate a person of the voter's choice, or two election officers, to enter the voting booth and record the votes as the voter directs.
No voter is entitled to vote more than once at a primary, special election, or general election. If a voter incorrectly marks a ballot, the voter may be issued a replacement ballot.
A voter who has already returned a ballot but requests to vote at a voting center shall be issued a provisional ballot. The canvassing board shall not count the provisional ballot if it finds that the voter has also voted a regular ballot in that primary, special election, or general election.
Any voter who is inside or in line at the voting center at 8:00 p.m. on the day of the primary, special election, or general election must be allowed to vote.
For each primary, special election, and general election, the county auditor may provide election services at locations in addition to the voting center. The county auditor has discretion to establish which services will be provided at the additional locations, and which days and hours the locations will be open.
No ballot may be counted that does not comply with the photo identification requirement in RCW 29A.40.160.
If the voter neglects to enclose valid photo identification as required by RCW 29A.40.160, or the photo identification does not have the same name as on the registration file, the auditor shall notify the voter by first-class mail and, if the auditor has a telephone number or email address on file for a voter, by telephone, text message, or email, and advise the voter of the deficiency and the correct procedures for completing the ballot. If the ballot is received within five business days of the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least five business days before the final meeting of the canvassing board, then the auditor shall attempt to notify the voter by telephone, using the voter registration record information. If the auditor calls a voter and the voter does not answer, but voice mail is available, the auditor shall leave a voice mail message.
An auditor who provides electronic means for submission of a ballot declaration signature shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the auditor and is only used for the stated purposes of verifying the identity on the voter's ballot.
If a voter's ballot is rejected in two consecutive primary or general elections due to a lack of valid photo identification, the auditor must contact the voter by telephone, text message, or email, if the auditor has a telephone number or email address on file for the voter, and request that the voter provide valid photo identification the next time they vote.
A voter may not cure a missing or mismatched valid photo identification for purposes of counting the ballot in a recount.
A record must be kept of all ballots with missing and mismatched photo identification. The record must contain the date on which the voter was contacted or the notice was mailed, as well as the date on which the voter submitted updated information. The record must be updated each day that ballots are processed under RCW 29A.60.160, each time a voter was contacted or the notice was mailed, and when the voter submitted updated information. The auditor shall send the record, and any updated records, to the secretary of state no later than 48 hours after the record is created or updated. The secretary of state shall make all records publicly available no later than 24 hours after receiving the record.
(1) Issuance. The department shall issue an identicard, containing a picture, if the applicant:
This act may be known and cited as the state elections confidence using rigorous examination (SECURE) act.