BILL REQ. #:  S-0097.2 

Read first time 01/29/2007.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to challenges to a voter's registration; and amending RCW 29A.08.810.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 29A.08.810 and 2006 c 320 s 4 are each amended to read as follows:
     (1) Registration of a person as a voter is presumptive evidence of his or her right to vote. A challenge to the person's right to vote must be based on personal knowledge of one of the following:
     (a) The challenged voter has been convicted of a felony and the voter's civil rights have not been restored;
     (b) The challenged voter has been judicially declared ineligible to vote due to mental incompetency;
     (c) The challenged voter does not live at the residential address provided, in which case the challenger must either:
     (i) Provide the challenged voter's actual residence on the challenge form; or
     (ii) Submit evidence that he or she exercised due diligence to verify that the challenged voter does not reside at the address provided and to attempt to contact the challenged voter to learn the challenged voter's actual residence, including that the challenger personally:
     (A) Sent a letter with return service requested to the challenged voter's residential address provided, and to the challenged voter's mailing address, if provided;
     (B) Visited the residential address provided and contacted persons at the address to determine whether the voter resides at the address and, if not, obtained and submitted with the challenge form a signed affidavit subject to the penalties of perjury from a person who owns or manages property, resides, or is employed at the address provided, that to his or her personal knowledge the challenged voter does not reside at the address as provided on the voter registration;
     (C) Searched local telephone directories, including online directories, to determine whether the voter maintains a telephone listing at any address in the county;
     (D) Searched county auditor property records to determine whether the challenged voter owns any property in the county; and
     (E) Searched the statewide voter registration data base to determine if the voter is registered at any other address in the state;
     (d) The challenged voter will not be eighteen years of age by the next election; or
     (e) The challenged voter is not a citizen of the United States.
     (2) A person's right to vote may be challenged:
     (a) By another registered voter or the county prosecuting attorney at any time, provided that any such challenge that does not meet the deadlines set forth in RCW 29A.08.820 shall not be considered until after certification of the pending election; or
     (b) By the poll site judge or inspector if the challenge is filed on election day regarding a voter who presents himself or herself to vote at the poll site.
     (3) The challenger must file a signed affidavit subject to the penalties of perjury swearing that, to his or her personal knowledge and belief, having exercised due diligence to personally verify the evidence presented, the challenged voter either is not qualified to vote or does not reside at the address given on his or her voter registration record based on one of the reasons allowed in subsection (1) of this section. The challenger must provide the factual basis for the challenge, including any information required by subsection (1)(c) of this section, in the signed affidavit. The challenge may not be based on unsupported allegations or allegations by anonymous third parties. All documents pertaining to the challenge are public records.
     (4) Challenges based on a felony conviction under RCW 29A.08.520 must be heard according to RCW 29A.08.520 and rules adopted by the secretary of state.