Voter challenges

AN ACT Relating to limiting frivolous claims by modifying forms, 1
processes, and methods of adjudication for voter registration 2
challenges; amending RCW 29A.08.510, 29A.08.630, 29A.08.810, 3
29A.08.840, 29A.08.850, and 29A.08.135; and prescribing penalties.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 29A.08.510 and 2009 c 369 s 26 are each amended to 6
read as follows: 7
The registrations of deceased voters may be canceled from voter 8
registration lists as follows: 9
(1) Periodically, the registrar of vital statistics of the state 10
shall prepare a list of persons who resided in each county, for whom 11
a death certificate was transmitted to the registrar and was not 12
included on a previous list, and shall supply the list to the 13
secretary of state. 14
The secretary of state shall compare this list with the 15
registration records and cancel the registrations of deceased voters.16
(2) In addition, each county auditor may also use government 17
agencies and newspaper obituary articles as a source of information 18
for identifying deceased voters and canceling a registration. The 19
auditor must verify the identity of the voter by matching the voter's 20
H-0466.1
HOUSE BILL 1223
State of Washington 69th Legislature 2025 Regular Session
By Representatives Doglio, Mena, Reed, Wylie, Pollet, Ormsby, and
Hill
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on State Government & Tribal Relations.
p. 1 HB 1223
date of birth or an address. The auditor shall record the date and 1
source of the information in the cancellation records.2
(3) In addition, any registered voter may sign a statement, 3
subject to the penalties of perjury, to the effect that to his or her 4
personal knowledge or belief another registered voter is deceased. 5
This statement may be filed with the county auditor or the secretary 6
of state. ((Upon)) Only upon the receipt of such signed statement, 7
and confirmation by the county auditor or the secretary of state 8
((shall cancel the registration )), may the voter's registration be 9
removed from the official state voter registration list.10
Sec. 2. RCW 29A.08.630 and 2023 c 466 s 25 are each amended to 11
read as follows: 12
(1) The county auditor shall return an inactive voter to active 13
voter status if, prior to the passage of two federal general 14
elections, the voter: 15
(a) Notifies the auditor of a change of address;16
(b) Responds to a confirmation notice with information that he or 17
she continues to reside at the registration address; or18
(c) Votes or attempts to vote in a primary, special election, or 19
general election. 20
(2) If the inactive voter fails to provide a notice or take an 21
action as described in subsection (1) of this section, the auditor 22
shall cancel the person's voter registration. 23
(3) The county auditor must cancel an inactive voter registration 24
when receiving information indicating that the inactive voter has 25
moved out of state ((or died )) and has remained inactive for two 26
federal general elections. 27
Sec. 3. RCW 29A.08.810 and 2023 c 466 s 28 are each amended to 28
read as follows: 29
(1) Registration of a person as a voter is presumptive evidence 30
of his or her right to vote. A challenge to the person's right to 31
vote must be based on personal knowledge of one of the following:32
(a) The challenged voter has been convicted of a felony that 33
includes serving a sentence of total confinement under jurisdiction 34
of the department of corrections, or a felony conviction in another 35
state's court or federal court and the voter is serving that sentence 36
of total confinement and the person's voting rights have not been 37
restored under RCW 29A.08.520; 38
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(b) The challenged voter has been judicially declared ineligible 1
to vote due to mental incompetency under RCW 29A.08.515;2
(c) The challenged voter resides at a different address than the 3
residential address provided, and is not subject to RCW 29A.04.151 or 4
29A.08.112, in which case the challenger must ((either)):5
(i) Provide the challenged voter's actual residence on the 6
challenge form; ((or)) and7
(ii) Submit evidence that he or she exercised due diligence to 8
verify that the challenged voter does not reside at the address 9
provided. The challenger must, at minimum, provide evidence that the 10
challenger personally((:11
(A) Sent)) sent a certified letter with return service requested 12
to the challenged voter's residential address provided, and to the 13
challenged voter's mailing address, if provided , using a form 14
provided by the office of the secretary of state outlining the reason 15
for the challenge;16
(((B) Searched local telephone directories, including online 17
directories, to determine whether the voter maintains a telephone 18
listing at any address in the county;19
(C) Searched county auditor property records to determine whether 20
the challenged voter owns any property in the county;21
(D) Searched the statewide voter registration database to 22
determine if the voter is registered at any other address in the 23
state; and24
(E) Searched the voter registration database of another state to 25
determine if the voter is registered to vote in any other state;))26
(d) The challenged voter will not be eighteen years of age by the 27
next general election; or 28
(e) The challenged voter is not a citizen of the United States.29
(2) A person's right to vote may be challenged by another 30
registered voter from the same city or town, or, if the voters reside 31
in an unincorporated area, the same county, or the county prosecuting 32
attorney. 33
(3)(a)(i) The challenger must file a separate voter registration 34
challenge form or official electronic voter challenge form, as 35
provided under RCW 29A.08.850, for each voter whose registration is 36
challenged.37
(ii) Each form must include:38
(A) The challenger's name, voting precinct, address, and phone 39
number;40
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(B) The challenged voter's name, voting precinct, address, and 1
phone number;2
(C) A statement of the factual basis for the challenge, including 3
any information required by subsection (1)(c) of this section. 4
Challenges must be based on personal knowledge, which for these 5
purposes is defined as firsthand knowledge through experience or 6
observation of the facts upon each ground that the challenge is based 7
and contains any documentation or evidence supporting the facts upon 8
which each ground for the challenge is based;9
(D) The challenger's signature certifying that all information 10
provided in the form is true and correct; and11
(E) A clear statement providing that such certification is 12
subject to penalty of perjury under chapter 9A.72 RCW;13
(b) The challenger must file a separate signed affidavit for each 14
voter whose registration is challenged, subject to the penalties of 15
perjury under chapter 9A.72 RCW swearing that, to his or her personal 16
knowledge and belief, having exercised due diligence to personally 17
verify the evidence presented, the challenged voter either is not 18
qualified to vote or does not reside at the address given on his or 19
her voter registration record based on one of the reasons allowed in 20
subsection (1) of this section. The challenger must provide the 21
factual basis for the challenge, including any information required 22
by subsection (1)(c) of this section, in the signed affidavit. The 23
challenge may not be based on unsupported allegations or allegations 24
by ((anonymous)) third parties. The challenger shall sign each 25
affidavit by hand, with ink. An affidavit signed electronically shall 26
be rejected. All documents pertaining to the challenge are public 27
records. 28
(((4) Challenges based on a felony conviction under RCW 29
29A.08.520 must be heard according to RCW 29A.08.520 and rules 30
adopted by the secretary of state.))31
(4) Voters who do not receive ballots because their registration 32
has been made inactive pursuant to this chapter are not subject to 33
voter registration challenges.34
Sec. 4. RCW 29A.08.840 and 2023 c 466 s 31 are each amended to 35
read as follows: 36
(1) If the challenge is not in proper form or the factual basis 37
for the challenge does not meet the legal grounds for a challenge, 38
the county auditor ((may)) must dismiss the challenge and notify the 39
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challenger of the reasons for the dismissal. A challenge is not in 1
proper form if it is incomplete on its face or does not 2
((substantially)) comply with the form issued by the secretary of 3
state. 4
(2) Prior to notifying the voter of any challenge, the county 5
auditor may conduct an initial review of the merits of the challenge. 6
In that initial review of the merits, if the county auditor 7
determines that it is more likely than not that the challenge lacks 8
merit, then the county auditor may dismiss the challenge. The 9
challenger may refile the challenge with additional evidence pursuant 10
to the requirements of RCW 29A.08.810.11
(3) If the challenge is in proper form and the factual basis 12
meets the legal grounds for a challenge, the county auditor must 13
notify the challenged voter and provide a copy of the affidavit. The 14
county auditor shall also provide to any person, upon request, a copy 15
of all materials provided to the challenged voter.16
(a) The notice must be in a form provided by the secretary of 17
state, sent by forwardable certified mail to the address provided in 18
the voter registration record, and any other addresses at which the 19
challenged voter is alleged to reside or the county auditor 20
reasonably expects the voter to receive notice, and by email and 21
phone, if the county auditor has such information in its records, and 22
include:23
(i) A copy of the challenge form and affidavit;24
(ii) Methods by which the voter can confirm eligibility, 25
including by mail, online, phone, in-person, or at a scheduled 26
hearing;27
(iii) Notice of any consequences for failing to respond to the 28
challenge; and29
(iv) For challenges based on a change of address, a clear 30
statement that the voter remains registered and eligible to vote in 31
that election.32
(b) Before scheduling a hearing, the county auditor must attempt 33
to reconfirm registration pursuant to the procedures outlined in RCW 34
29A.08.107.35
(c) If the challenge is to the residential address provided by 36
the voter, the challenged voter must be provided notice of the 37
exceptions allowed in RCW 29A.08.112 and 29A.04.151, and Article VI, 38
section 4 of the state Constitution, and may update the residence 39
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address on the voter's voter registration, or reregister until 8:00 1
p.m. the day of the election. 2
(((b) The)) (d) Subject to (e) of this subsection, and only if 3
after providing notice, eligibility cannot be confirmed and the 4
challenge remains, the county auditor must schedule a hearing and 5
notify the challenger and the challenged voter of the time and place 6
for the hearing. 7
(((3) All notice )) (e) A hearing shall only be scheduled if the 8
county auditor is unable to confirm the voter's eligibility and, 9
based on the evidence submitted by the challenger, there is probable 10
cause that the challenged voter is not qualified to vote. Challenges 11
that do not meet the probable cause standard shall be dismissed 12
without a hearing.13
(f) If, at any point, the county auditor is able to independently 14
verify the eligibility of the challenged voter, the challenge shall 15
be dismissed without a hearing.16
(4)(a) The hearing notification must be by certified forwardable 17
mail to the address provided in the voter registration record, and 18
any other addresses at which the challenged voter is alleged to 19
reside or the county auditor reasonably expects the voter to receive 20
notice. The county auditor must also notify the challenged voter by 21
phone, including leaving a voicemail if possible, or email if the 22
county auditor has such information in its records. If the county 23
auditor receives no response from the challenged voter within 10 24
calendar days, the county auditor must provide the same such notice a 25
second time. The secretary of state shall create a standard form for 26
notification by mail and email. The challenger must appear in person 27
at the hearing. The ((challenger and )) challenged voter may either 28
appear in person or submit testimony by affidavit. Personal 29
appearance may be accomplished using video telecommunications 30
technology if the auditor or canvassing board chooses.31
(b) The hearing notice must include:32
(i) A copy of the challenge form and affidavit;33
(ii) Methods by which the voter can confirm eligibility, 34
including by mail, online, phone, or in person;35
(iii) Notice of any consequences for failing to respond to the 36
challenge; and37
(iv) How responding to the challenge may help the voter remain 38
registered to vote. 39
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(((4))) (5) The challenger has the burden to prove ((by clear and 1
convincing evidence )) beyond a reasonable doubt that the challenged 2
voter's registration is improper. The challenged voter must be 3
provided a reasonable opportunity to respond. If the challenge is to 4
the residential address provided by the voter, the challenged voter 5
may provide evidence that he or she resides at the location described 6
in his or her voter's registration records, or meets one of the 7
exceptions allowed in RCW 29A.08.112 or 29A.04.151, or Article VI, 8
section 4 of the state Constitution. If the challenger fails to 9
appear at the hearing, then the challenge shall be dismissed. If 10
((either the challenger or )) the challenged voter fails to appear at 11
the hearing or submit an affidavit in lieu of appearing at the 12
hearing, the challenge must be resolved based on the available facts 13
and the challenger must still prove beyond a reasonable doubt that 14
the challenged voter's registration is improper. 15
(((5))) (6)(a) If the challenge is based on an allegation under 16
RCW 29A.08.810(1) (a), (b), (d), or (e) and the canvassing board 17
sustains the challenge, the voter registration shall be canceled and 18
any challenged ballot shall not be counted. If the challenge is based 19
on an allegation under RCW 29A.08.810(1)(c) and the canvassing board 20
sustains the challenge, the board shall permit the voter to correct 21
the residence address on the voter registration and any races and 22
ballot measures on any challenged ballot that the voter would have 23
been qualified to vote for had the registration been correct shall be 24
counted. 25
(b) If a voter is successfully challenged under RCW 26
29A.08.810(1)(c), the county auditor shall send a notice to the voter 27
and shall not remove the voter from the official state voter 28
registration list unless the voter fails to respond to the notice and 29
fails to vote or confirm their voter registration address during the 30
time period that includes the next two general elections.31
(((6))) (7) If the challenger fails to prove ((by clear and 32
convincing evidence)) beyond a reasonable doubt that the registration 33
is improper, the challenge must be dismissed and any pending 34
challenged ballot must be accepted as valid. All challenged ballots 35
must be resolved before certification of the election. The decision 36
of the county auditor or canvassing board is final subject only to 37
judicial review by the superior court under chapter 34.05 RCW.38
(8) Any challenger that knowingly provides false information as 39
part of a voter registration challenge under this chapter, either 40
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before or during an election, is guilty of perjury under chapter 1
9A.72 RCW. 2
(9) Any challenger that knowingly challenges a person's voter 3
registration without reasonable cause under this chapter, either 4
before or during an election, is guilty of a misdemeanor. Each 5
instance where a challenger knowingly makes a challenge without 6
reasonable cause constitutes a separate offense.7
Sec. 5. RCW 29A.08.850 and 2006 c 320 s 7 are each amended to 8
read as follows: 9
(1) The secretary of state must provide forms for voter 10
registration challenges, and the county auditor must make such forms 11
available. A challenge is not required to be submitted on the 12
provided voter challenge form, but may be prepared using an official 13
electronic voter challenge form template provided by the auditor or 14
secretary of state that has been printed and signed by the challenger 15
for submission. 16
(2) Each form must include:17
(a) The challenger's name, voting precinct, address, and phone 18
number;19
(b) The challenged voter's name, voting precinct, address, and 20
phone number;21
(c) A statement of the factual basis for the challenge as 22
required under RCW 29A.08.810, including any information required by 23
RCW 29A.08.810(1)(c);24
(d) The challenger's signature certifying that all information 25
provided in the form is true and correct; and26
(e) A clear statement providing that such certification is 27
subject to penalty of perjury under chapter 9A.72 RCW.28
Sec. 6. RCW 29A.08.135 and 2009 c 369 s 14 are each amended to 29
read as follows: 30
(1) When a person who has previously registered to vote in 31
another state applies for voter registration in Washington, the 32
person shall provide on the registration form all information needed 33
to cancel any previous registration. Notification must be made to the 34
state elections office of the applicant's previous state of 35
registration. 36
(2) ((A county auditor receiving official information that a 37
voter has registered to vote in another state shall immediately 38
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cancel that voter's registration on the official state voter 1
registration list. )) (a) A county auditor receiving official 2
information that a voter has registered to vote in another state 3
shall send a notice to the voter and change the voter's status to 4
inactive. The auditor shall not remove the voter from the official 5
state voter registration list unless the voter fails to respond to 6
the notice and fails to vote or confirm their voter registration 7
address during the time period that includes the next two general 8
elections.9
(b) Official information must come directly from a government or 10
state-led interstate source, such as the electronic registration 11
information center.12
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