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HB1916 • 2026
Amending voter registration challenges and managing voter registration lists.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Voter registrations
These notes stay tied to the official amendment files and metadata from the legislature.
0 • State Government, Tribal Affairs & Elections
Plain English: 1916-S.E AMS SGTE S5398.2 ESHB 1916 - S COMM AMD By Committee on State Government, Tribal Affairs & Elections ADOPTED 03/03/2026 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
1500 • Walsh
Plain English: 1916-S AMH WALJ H3394.1 SHB 1916 - H AMD 1500 By Representative Walsh NOT ADOPTED 02/10/2026 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
1510 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH WALJ SHIP 151 1 - Official Print By Representative Walsh EFFECT: Changes the crime for falsifying statements on a voter challenge signed affidavit to be false swearing (which is a gross misdemeanor) rather than perjury (which is a felony).
1511 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH WALJ SHIP 137 1 - Official Print By Representative Walsh EFFECT: Removes the requirements that the challenger must sign each affidavit by hand with ink and that electronically signed affidavits are rejected.
1512 • Waters
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH WATE SHIP 135 1 - Official Print By Representative Waters EFFECT: Removes the requirement that a voter registration challenge form include a statement of the factual basis for the challenge.
1514 • Engell
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH ENGE SHIP 152 1 - Official Print By Representative Engell EFFECT: Changes the crime for falsifying statements on a voter challenge form to be false swearing (which is a gross misdemeanor) rather than perjury (which is a felony), thereby aligning it with other language in the act that makes it a crime of false swearing to knowingly provide false information as part of a voter registration challenge.
1518 • Chase
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 134 1 - Official Print By Representative Chase EFFECT: Removes the requirement that the person challenging another person's voter registration live in the same county as the challenged voter.
787 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 105 1 - Official Print EFFECT: Eliminates the authority for the county auditor to conduct an initial review of the merits of a voter challenge and to dismiss the challenge if it is more likely than not that the challenge lacks merits.
788 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS OMLI 251 1 - Official Print EFFECT: Restores current law prohibiting challenges to a person's voter registration from being based on allegations by anonymous third parties.
789 • Stuebe
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 114 1 - Official Print EFFECT: Limits the circumstances under which a challenger may be guilty of the crime of false swearing for knowingly providing false information as part of a voter registration challenge to only situations where the challenger knowingly provides false information on their signed affidavit attesting that the challenged voter is not qualified to vote or does not reside at the address on record.
790 • Ley
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 099 1 - Official Print EFFECT: Restores current law allowing a challenger to provide the challenged voter's actual residence or evidence that the challenger exercised due diligence as verification that the challenged voter does not reside at the address provided, rather than requiring both the challenged voter's actual residence and evidence of due diligence under the act.
791 • Marshall
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 100 1 - Official Print EFFECT: Restores current law detailing the types of evidence a challenger must provide to demonstrate due diligence in verifying that a challenged voter does not reside at the address provided by the voter.
792 • Waters
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 101 1 - Official Print EFFECT: Removes the requirement that a voter registration challenge form include a statement of the factual basis for the challenge.
793 • McEntire
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 103 1 - Official Print EFFECT: Removes the specification that voters who do not receive ballots because their registration has been made inactive are not subject to voter registration challenges.
794 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 102 1 - Official Print EFFECT: Removes the requirement that the challenger must sign each affidavit by hand with ink and the specification that an affidavit signed electronically will be rejected.
795 • Eslick
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS OMLI 252 1 - Official Print EFFECT: Removes the requirement that the notice sent by certified mail to a voter notifying them that their voter registration is being challenged be forwardable.
796 • Marshall
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 108 1 - Official Print EFFECT: Restores current law that allows the challenger to either appear at the hearing in person or submit testimony by affidavit.
797 • Jacobsen
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 109 1 - Official Print EFFECT: Removes the requirement that a challenge be dismissed if the challenger fails to appear at the hearing.
798 • Marshall
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 112 1 - Official Print EFFECT: Provides that the voter's registration is cancelled if the voter fails to provide a correct address, rather than if the voter provides an out-of-state address.
799 • Keaton
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS OMLI 254 1 - Official Print EFFECT: Restores current law requiring that a person challenging another person's voter registration prove that the challenged voter's registration is improper by clear and convincing evidence, rather than beyond a reasonable doubt.
800 • Manjarrez
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 104 1 - Official Print EFFECT: Restores current law making it permissive, rather than mandatory, that the county auditor dismiss a voter challenge if the challenge is not in proper form or the factual basis for the challenge does not meet the legal grounds for a challenge.
801 • Ley
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 111 1 - Official Print EFFECT: Removes the specification that a challenged voter is placed on inactive status if the voter does not provide their correct address.
802 • Chase
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS OMLI 250 1 - Official Print EFFECT: Removes the requirement that the person challenging another person's voter registration live in the same county as the challenged voter.
803 • Marshall
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 110 1 - Official Print EFFECT: Removes the specification that the challenger must still prove beyond a reasonable doubt that the challenged voter's registration is improper if the challenged voter fails to appear at the hearing or submit an affidavit.
804 • Engell
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 115 1 - Official Print EFFECT: Amends the statement on the voter registration challenge form notifying the challenger that their certification is subject to a penalty of perjury (punishable as a felony) to instead notify the challenger that their certification is subject to false swearing (punishable as a gross misdemeanor), thereby aligning it with other language in the act that makes it a crime of false swearing to knowingly provide false information as part of a voter registration challenge.
805 • Dufault
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS OMLI 253 1 - Official Print EFFECT: Removes the requirement that the hearing notification of the voter challenge proceeding sent by certified mail to a challenged voter be forwardable.
806 • Dent
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 107 1 - Official Print EFFECT: Removes the requirement that the county auditor send a second hearing notice to the challenged voter when the challenged voter does not respond to the initial notice within 10 calendar days.
807 • Abell
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 106 1 - Official Print EFFECT: Removes the specification that a hearing is only scheduled if the county auditor is unable to confirm the voter's eligibility and there is probable cause that the challenged voter is not qualified to vote.
808 • Abell
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1916-S AMH CHAS SHIP 113 1 - Official Print EFFECT: Restores current law requiring that a challenge be dismissed and any pending ballot be accepted if the person challenging another person's voter registration fails to prove that the challenged voter's registration is improper by clear and convincing evidence, rather than beyond a reasonable doubt.
856 • Wagoner
Plain English: 1916-S.E AMS WAGO S5767.1 ESHB 1916 - S AMD TO SGTE COMM AMD (S-5398.2/26) 856 By Senator Wagoner NOT ADOPTED 03/03/2026 On page 3, line 29, after "registered" strike "voter from the 1 same county" and insert "Washington state voter" 2 EFFECT: Removes the requirement that a person challenging another person's voter registration must reside in the same county as the challenged voter and instead requires the challenger to be a registered voter in Washington state.
1st substitute bill substituted.
Voter registrations
AN ACT Relating to amending voter registration challenges and 1 managing voter registration lists; amending RCW 29A.08.510, 2 29A.08.630, 29A.08.810, 29A.08.820, 29A.08.835, 29A.08.840, 3 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-1229.1 HOUSE BILL 1916 State of Washington 69th Legislature 2025 Regular Session By Representatives Doglio and Parshley Read first time 02/10/25. Referred to Committee on State Government & Tribal Relations. p. 1 HB 1916 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)):26 (a) The county auditor receives and confirms information under 27 RCW 29A.08.510 that the voter has died;28 (b) The county auditor receives information under RCW 29A.08.135 29 that the voter has registered to vote in another state; or30 (c) The county auditor receives a signed, written notification 31 from the voter that the voter has moved out of the state or that the 32 voter wishes to have their registration canceled. Prior to 33 cancellation of such a registration the auditor shall verify that the 34 signature on the notification matches the signature in the voter 35 registration file. 36 Sec. 3. RCW 29A.08.810 and 2023 c 466 s 28 are each amended to 37 read as follows: 38 p. 2 HB 1916 (1) Registration of a person as a voter is presumptive evidence 1 of his or her right to vote. A challenge to the person's right to 2 vote must be based on personal knowledge of one of the following:3 (a) The challenged voter has been convicted of a felony that 4 includes serving a sentence of total confinement under jurisdiction 5 of the department of corrections, or a felony conviction in another 6 state's court or federal court and the voter is serving that sentence 7 of total confinement and the person's voting rights have not been 8 restored under RCW 29A.08.520; 9 (b) The challenged voter has been judicially declared ineligible 10 to vote due to mental incompetency under RCW 29A.08.515;11 (c) The challenged voter resides at a different address than the 12 residential address provided, and is not subject to RCW 29A.04.151 or 13 29A.08.112, in which case the challenger must ((either)):14 (i) Provide the challenged voter's actual residence on the 15 challenge form; ((or)) and16 (ii) Submit evidence that he or she exercised due diligence to 17 verify that the challenged voter does not reside at the address 18 provided. The challenger must, at minimum, provide evidence that the 19 challenger personally((:20 (A) Sent)) sent a certified letter with return service requested 21 to the challenged voter's residential address provided, and to the 22 challenged voter's mailing address, if provided , using a form 23 provided by the office of the secretary of state outlining the reason 24 for the challenge; 25 (((B) Searched local telephone directories, including online 26 directories, to determine whether the voter maintains a telephone 27 listing at any address in the county;28 (C) Searched county auditor property records to determine whether 29 the challenged voter owns any property in the county;30 (D) Searched the statewide voter registration database to 31 determine if the voter is registered at any other address in the 32 state; and33 (E) Searched the voter registration database of another state to 34 determine if the voter is registered to vote in any other state;))35 (d) The challenged voter will not be eighteen years of age by the 36 next general election; or 37 (e) The challenged voter is not a citizen of the United States.38 p. 3 HB 1916 (2) A person's right to vote may be challenged by another 1 registered voter from the same county, or the county prosecuting 2 attorney. 3 (3)(a)(i) The challenger must file a separate voter registration 4 challenge form or official electronic voter challenge form, as 5 provided under RCW 29A.08.850, for each voter whose registration is 6 challenged.7 (ii) Each form must include:8 (A) The challenger's name, address, and contact information;9 (B) The challenged voter's name and address;10 (C) A statement of the factual basis for the challenge, including 11 any information required by subsection (1)(c) of this section. 12 Challenges must be based on personal knowledge, which for these 13 purposes is defined as firsthand knowledge through experience or 14 observation of the facts upon each ground that the challenge is 15 based, and contain any documentation or evidence supporting the facts 16 upon which each ground for the challenge is based;17 (D) The challenger's signature certifying that all information 18 provided in the form is true and correct; and19 (E) A clear statement providing that such certification is 20 subject to penalty of perjury under chapter 9A.72 RCW;21 (b) The challenger must file a separate signed affidavit for each 22 voter whose registration is challenged, subject to the penalties of 23 perjury under chapter 9A.72 RCW swearing that, to his or her personal 24 knowledge and belief, having exercised due diligence to personally 25 verify the evidence presented, the challenged voter either is not 26 qualified to vote or does not reside at the address given on his or 27 her voter registration record based on one of the reasons allowed in 28 subsection (1) of this section. The challenger must provide the 29 factual basis for the challenge, including any information required 30 by subsection (1)(c) of this section, in the signed affidavit. The 31 challenge may not be based on unsupported allegations or allegations 32 by ((anonymous)) third parties. The challenger shall sign each 33 affidavit by hand, with ink. An affidavit signed electronically shall 34 be rejected. All documents pertaining to the challenge are public 35 records. 36 (4) ((Challenges based on a felony conviction under RCW 37 29A.08.520 must be heard according to RCW 29A.08.520 and rules 38 adopted by the secretary of state. )) Voters who do not receive 39 p. 4 HB 1916 ballots because their registration has been made inactive pursuant to 1 this chapter are not subject to voter registration challenges.2 Sec. 4. RCW 29A.08.820 and 2023 c 466 s 29 are each amended to 3 read as follows: 4 (1) Challenges must be filed with the county auditor of the 5 county in which the challenged voter is registered no later than 45 6 days before the election. The county auditor or auditor's designee 7 presides over the hearing. 8 (2) Challenges may be filed after 45 days before the election, 9 only when the challenged voter registered to vote less than 60 days 10 before the election, or changed residence less than 60 days before 11 the election without updating the residence address of the voter's 12 voter registration. A challenge may then be filed not later than 10 13 days before any primary or election, general or special, or within 10 14 days of the voter being added to the voter registration database, 15 whichever is later. 16 (a) If the challenge is filed after 45 days before an election at 17 which the challenged voter is eligible to vote, a notation of the 18 challenge must be made immediately to the challenged voter's 19 registration in the voter registration system, and the county 20 canvassing board shall preside over the hearing. 21 (b) If the challenge is filed before the challenged voter's 22 ballot is received, the ballot must be processed as a challenged 23 ballot, and held until the challenge is resolved. 24 (c) If the challenge is filed after the challenged voter's ballot 25 is received, the challenge cannot affect the current election. 26 However, the process shall proceed until the challenge is resolved.27 Sec. 5. RCW 29A.08.835 and 2023 c 466 s 30 are each amended to 28 read as follows: 29 (1) The county auditor shall, within ((seventy-two hours )) 10 30 business days of receipt, publish on the auditor's internet website 31 the entire content of any voter challenge filed under this chapter 32 ((29A.08 RCW)). Immediately after publishing any voter challenge, the 33 county auditor shall notify any person who requests to receive such 34 notifications on an ongoing basis. 35 (2) The information on the website may be removed 45 days 36 following ((certification of an election )) the completion or 37 dismissal of the challenge . Information related to the challenge must 38 p. 5 HB 1916 be maintained by the county auditor for the appropriate retention 1 period, and is subject to disclosure upon request. 2 Sec. 6. RCW 29A.08.840 and 2023 c 466 s 31 are each amended to 3 read as follows: 4 (1) If the challenge is not in proper form or the factual basis 5 for the challenge does not meet the legal grounds for a challenge, 6 the county auditor ((may)) must dismiss the challenge and notify the 7 challenger of the reasons for the dismissal. A challenge is not in 8 proper form if it is incomplete on its face or does not 9 ((substantially)) comply with the form issued by the secretary of 10 state. 11 (2) Prior to notifying the voter of any challenge, the county 12 auditor may conduct an initial review of the merits of the challenge. 13 In that initial review of the merits, if the county auditor 14 determines that it is more likely than not that the challenge lacks 15 merit, then the county auditor may dismiss the challenge. The 16 challenger may refile the challenge with additional evidence pursuant 17 to the requirements of RCW 29A.08.810.18 (3) If the challenge is in proper form and the factual basis 19 meets the legal grounds for a challenge, the county auditor must 20 notify the challenged voter and provide a copy of the affidavit. The 21 county auditor shall also provide to any person, upon request, a copy 22 of all materials provided to the challenged voter.23 (a) The notice must be in a form provided by the secretary of 24 state, sent by forwardable certified mail to the address provided in 25 the voter registration record, and any other addresses at which the 26 challenged voter is alleged to reside or the county auditor 27 reasonably expects the voter to receive notice, and by email and 28 phone, if the county auditor has such information in its records, and 29 include:30 (i) A copy of the challenge form and affidavit;31 (ii) Methods by which the voter can confirm eligibility, 32 including by mail, online, phone, in person, or at a scheduled 33 hearing;34 (iii) Notice of any consequences for failing to respond to the 35 challenge; and36 (iv) For challenges based on a change of address, a clear 37 statement that the voter remains registered and eligible to vote in 38 that election.39 p. 6 HB 1916 (b) If the challenge is to the residential address provided by 1 the voter, the challenged voter must be provided notice of the 2 exceptions allowed in RCW 29A.08.112 and 29A.04.151, and Article VI, 3 section 4 of the state Constitution, and may update the residence 4 address on the voter's voter registration, or reregister until 8:00 5 p.m. the day of the election. 6 (((b) The)) (c) Subject to (d) of this subsection, and only if 7 after providing notice, eligibility cannot be confirmed and the 8 challenge remains, the county auditor must schedule a hearing and 9 notify the challenger and the challenged voter of the time and place 10 for the hearing. 11 (((3) All notice )) (d) A hearing shall only be scheduled if the 12 county auditor is unable to confirm the voter's eligibility and, 13 based on the evidence submitted by the challenger, there is probable 14 cause that the challenged voter is not qualified to vote. Challenges 15 that do not meet the probable cause standard shall be dismissed 16 without a hearing.17 (e) If, at any point, the county auditor is able to independently 18 verify the eligibility of the challenged voter, the auditor shall 19 dismiss the challenge without a hearing.20 (4)(a) The hearing notification must be by certified forwardable 21 mail to the address provided in the voter registration record, and 22 any other addresses at which the challenged voter is alleged to 23 reside or the county auditor reasonably expects the voter to receive 24 notice. The county auditor shall also notify the challenged voter by 25 phone, including leaving a voicemail if possible, or email if the 26 county auditor has such information in its records. If the county 27 auditor receives no response from the challenged voter within 10 28 calendar days, the county auditor must provide the same such notice a 29 second time. The secretary of state shall create a standard form for 30 notification by mail and email. The challenger must appear in person 31 at the hearing. The ((challenger and )) challenged voter may either 32 appear in person or submit testimony by affidavit. Personal 33 appearance may be accomplished using video telecommunications 34 technology if the auditor or canvassing board chooses.35 (((4))) (b) The hearing notice must include:36 (i) A copy of the challenge form and affidavit;37 (ii) Methods by which the voter can confirm eligibility, 38 including by mail, online, phone, or in person;39 p. 7 HB 1916 (iii) Notice of any consequences for failing to respond to the 1 challenge; and2 (iv) How responding to the challenge may help the voter remain 3 registered to vote.4 (5) The challenger has the burden to prove ((by clear and 5 convincing evidence )) beyond a reasonable doubt that the challenged 6 voter's registration is improper. The challenged voter must be 7 provided a reasonable opportunity to respond. If the challenge is to 8 the residential address provided by the voter, the challenged voter 9 may provide evidence that he or she resides at the location described 10 in his or her voter's registration records, or meets one of the 11 exceptions allowed in RCW 29A.08.112 or 29A.04.151, or Article VI, 12 section 4 of the state Constitution. If the challenger fails to 13 appear at the hearing, the challenge must be dismissed. If ((either 14 the challenger or )) the challenged voter fails to appear at the 15 hearing or submit an affidavit in lieu of appearing at the hearing , 16 the challenge must be resolved based on the available facts and the 17 challenger still has the burden to prove beyond a reasonable doubt 18 that the challenged voter's registration is improper.19 (((5))) (6)(a) If the challenge is based on an allegation under 20 RCW 29A.08.810(1) (a), (b), (d), or (e) and the auditor, auditor's 21 designee, or canvassing board sustains the challenge, the voter 22 registration shall be canceled and any challenged ballot shall not be 23 counted. 24 (b)(i) If the challenge is based on an allegation under RCW 25 29A.08.810(1)(c) and the auditor, auditor's designee, or canvassing 26 board sustains the challenge, ((the board shall permit )) the voter 27 shall be permitted to correct the residence address on the voter 28 registration and any races and ballot measures on any challenged 29 ballot that the voter would have been qualified to vote for had the 30 registration been correct shall be counted if the challenge is 31 sustained prior to certification of the election.32 (ii) If the voter does not provide their correct residence 33 address, the voter shall be placed on inactive status. Any challenged 34 ballot shall not be counted unless the voter provides their corrected 35 residence address by the day before the certification of the 36 election, in which case any races and ballot measures that the voter 37 would have been qualified to vote for had the registration been 38 correct shall be counted.39 p. 8 HB 1916 (c) If the challenge is based on an allegation under RCW 1 29A.08.810(1)(c), the auditor, auditor's designee, or canvassing 2 board sustains the challenge, and the voter provides a corrected 3 residence address that is outside of the state, the voter 4 registration shall be canceled, and any challenged ballot shall not 5 be counted. 6 (((6))) (7) If the challenger fails to prove ((by clear and 7 convincing evidence)) beyond a reasonable doubt that the registration 8 is improper, the challenge must be dismissed and any pending 9 challenged ballot must be accepted as valid. All challenged ballots 10 must be resolved before certification of the election. The decision 11 of the county auditor or canvassing board is final subject only to 12 judicial review by the superior court under chapter 34.05 RCW.13 (8) Any challenger that knowingly provides false information as 14 part of a voter registration challenge under this chapter, either 15 before or during an election, is guilty of perjury under chapter 16 9A.72 RCW.17 (9) Any challenger that knowingly challenges a person's voter 18 registration without reasonable cause under this chapter, either 19 before or during an election, is guilty of a misdemeanor. Each 20 instance where a challenger knowingly makes a challenge without 21 reasonable cause constitutes a separate offense.22 Sec. 7. RCW 29A.08.850 and 2006 c 320 s 7 are each amended to 23 read as follows: 24 (1) The secretary of state must provide forms for voter 25 registration challenges, and the county auditor must make such forms 26 available. A challenge is not required to be submitted on the 27 provided voter challenge form, but may be prepared using an official 28 electronic voter challenge form template provided by the auditor or 29 secretary of state that has been printed and signed by the challenger 30 for submission. 31 (2) Each form must include:32 (a) The challenger's name, address, and contact information;33 (b) The challenged voter's name and address;34 (c) A statement of the factual basis for the challenge as 35 required under RCW 29A.08.810, including any information required by 36 RCW 29A.08.810(1)(c);37 (d) The challenger's signature certifying that all information 38 provided in the form is true and correct; and39 p. 9 HB 1916 (e) A clear statement providing that such certification is 1 subject to penalty of perjury under chapter 9A.72 RCW.2 Sec. 8. RCW 29A.08.135 and 2009 c 369 s 14 are each amended to 3 read as follows: 4 (1) When a person who has previously registered to vote in 5 another state applies for voter registration in Washington, the 6 person shall provide on the registration form all information needed 7 to cancel any previous registration. Notification must be made to the 8 state elections office of the applicant's previous state of 9 registration. 10 (2) A county auditor receiving official information from an 11 elections office in another state that a voter has registered to vote 12 in ((another)) that state and has listed a prior address or social 13 security number that matches the auditor's records, shall immediately 14 cancel that voter's registration on the official state voter 15 registration list. 16 --- END --- p. 10 HB 1916