Election security

AN ACT Relating to creating the state elections confidence using 1
rigorous examination act; amending RCW 29A.08.010, 29A.08.350, 2
29A.40.091, and 29A.40.160; reenacting and amending RCW 46.20.117; 3
adding a new section to chapter 29A.08 RCW; adding a new section to 4
chapter 29A.60 RCW; and creating a new section. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. A new section is added to chapter 29A.08 7
RCW to read as follows: 8
(1) The office of the secretary of state shall contract with the 9
Evans School at the University of Washington for a study to examine 10
issues relating to security testing of the voter registration system 11
and provide a report to the chair of the senate state government 12
committee. Such examination must analyze system gaps and other flaws 13
that could allow duplicate voter registration to occur.14
(a) Part of the security examination must include a review of 15
methods used in identifying and appropriately processing duplicate 16
applications for registration, best practices in preventing the 17
creation of duplicate voter registrations by a single voter, and 18
removing registration records for voters that have died or are no 19
longer legal residents of Washington. 20
S-2807.2
SENATE BILL 5817
State of Washington 69th Legislature 2025 Regular Session
By Senator Fortunato
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(b) The study must examine processes used by other states and 1
ensure compliance with federal and state voter registration law, case 2
law, and the United States and state Constitutions.3
(c) The study must review the potential for using the driver 4
license number issued by the department of licensing as the official 5
unique identifying number for voter registration records.6
(2) The Evans School at the University of Washington must issue a 7
report on the findings of the study described in this section, 8
including recommendations to improving voter registration accuracy 9
and security, by January 1, 2027. 10
Sec. 2. RCW 29A.08.010 and 2023 c 466 s 2 are each amended to 11
read as follows: 12
(1) The minimum required information provided on a voter 13
registration application in order to place a voter registration 14
applicant on the voter registration rolls includes:15
(a) Name; 16
(b) Residential address; 17
(c) Date of birth; 18
(d) A signature attesting to the truth of the information 19
provided on the application; 20
(e) An address where the person receives mail, if different from 21
the residence address; and 22
(f) ((Affirmation)) Proof of citizenship which confirms the 23
individual is a United States citizen, in one of the following forms:24
(i) ((A check or indication in the box on a voter registration 25
form confirming citizenship )) Presentation of documentary proof of 26
United States citizenship as defined in Executive Order No. 14248 27
(March 25, 2025), 90 Fed. Reg. 14005 (March 28, 2025); or28
(ii) Presentation of documents as part of another government 29
transaction confirming citizenship. 30
(2) The residential address provided must identify the actual 31
physical residence of the voter in Washington, as defined in RCW 32
29A.04.151, with detail sufficient to allow the voter to be assigned 33
to the proper precinct and to locate the voter to confirm his or her 34
residence for purposes of verifying qualification to vote under 35
Article VI, section 1 of the state Constitution. A residential 36
address may be either a traditional address or a nontraditional 37
address. 38
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(a) A traditional address consists of a street number and name, 1
optional apartment number or unit number, and city or town, as 2
assigned by a local government, which serves to identify the parcel 3
or building of residence and the unit if a multiunit residence.4
(b) A nontraditional address consists of a narrative description 5
of the location of the voter's residence, and may be used when a 6
traditional address has not been assigned or affixed to the voter's 7
residence or when a voter resides on an Indian reservation or Indian 8
lands, pursuant to the conditions in RCW 29A.08.112.9
(3) All other information supplied is ancillary and not to be 10
used as grounds for not registering an applicant to vote.11
(4) Modification of the language of the official Washington state 12
voter registration form by the voter will not be accepted and will 13
cause the rejection of the registrant's application.14
Sec. 3. RCW 29A.08.350 and 2023 c 466 s 13 are each amended to 15
read as follows: 16
The department of licensing shall produce and transmit to the 17
secretary of state the following information from the records of each 18
individual who requested to register to vote or update the 19
individual's existing voter registration at a driver's license 20
facility: The name, address, date of birth, any gender information 21
provided by the applicant, the driver's license number, signature 22
image, any language preference information collected, any phone 23
number provided by the voter, any email address provided by the 24
voter, ((and)) the date on which the application for voter 25
registration or update was submitted , and the name and title of the 26
department's agent who processed the registration . The secretary of 27
state shall process the registrations and updates as an electronic 28
application. If requested by the secretary of state, the department 29
shall provide copies of the documents submitted to prove citizenship 30
for an individual subject to this section. 31
Sec. 4. RCW 29A.40.091 and 2024 c 269 s 7 are each amended to 32
read as follows: 33
(1) The county auditor shall send each voter a ballot, a security 34
envelope in which to conceal the ballot after voting, a larger 35
envelope in which to return the security envelope, a declaration that 36
the voter must sign, instructions informing the voter to enclose a 37
copy of the voter's valid photo identification, and instructions on 38
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how to obtain information about the election, how to mark the ballot, 1
and how to return the ballot to the county auditor. The calendar date 2
of the election must be prominently displayed in bold type, twenty-3
point font or larger, on the envelope sent to the voter containing 4
the ballot and other materials listed in this subsection.5
(2) The voter must swear under penalty of perjury that he or she 6
meets the qualifications to vote, and has not voted in any other 7
jurisdiction at this election. The declaration must clearly inform 8
the voter that it is illegal to vote if he or she is not a United 9
States citizen; it is illegal to vote if he or she is serving a 10
sentence of total confinement under the jurisdiction of the 11
department of corrections for a felony conviction or is currently 12
incarcerated for a federal or out-of-state felony conviction; it is 13
illegal to cast a ballot or sign a ballot declaration on behalf of 14
another voter; and that the signature on the declaration will be 15
compared to the signature in the voter's registration file. The 16
ballot materials must provide space for the voter to sign the 17
declaration, indicate the date on which the ballot was voted, and 18
include a telephone number. 19
(3) For overseas and service voters, the signed declaration 20
constitutes the equivalent of a voter registration. Return envelopes 21
for overseas and service voters must enable the ballot to be returned 22
postage free if mailed through the United States postal service, 23
United States armed forces postal service, or the postal service of a 24
United States foreign embassy under 39 U.S.C. 3406.25
(4) The voter must be instructed to either return the ballot to 26
the county auditor no later than 8:00 p.m. the day of the election or 27
primary, or mail the ballot to the county auditor with a postmark no 28
later than the day of the election or primary. Return envelopes for 29
all election ballots must include prepaid postage. Service and 30
overseas voters must be provided with instructions and a privacy 31
sheet for returning the ballot and signed declaration by fax or 32
email. A voted ballot and signed declaration returned by fax or email 33
must be received by 8:00 p.m. on the day of the election or primary.34
(5) The county auditor's name may not appear on the security 35
envelope, the return envelope, or on any voting instructions or 36
materials included with the ballot if he or she is a candidate for 37
office during the same year. 38
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(6) ((For purposes of this section, "prepaid )) The definitions in 1
this subsection apply throughout this section unless the context 2
clearly requires otherwise.3
(a) "Prepaid postage" means any method of return postage paid by 4
the county or state. 5
(b) "Valid photo identification" means identification described 6
in RCW 29A.40.160(10)(b).7
Sec. 5. RCW 29A.40.160 and 2024 c 28 s 4 are each amended to 8
read as follows: 9
(1) Each county auditor shall open a voting center each primary, 10
special election if the county is conducting an election, and general 11
election. The voting center shall be open during business hours 12
during the voting period, which begins eighteen days before, and ends 13
at 8:00 p.m. on the day of, the primary, special election if the 14
county is conducting an election, or general election.15
(2) Each county auditor shall open a voting center at each of the 16
following locations in the county: 17
(a) At the county auditor's office or at the division of 18
elections that is in a separate location from the county auditor's 19
office; and 20
(b) For each presidential general election, in each city in the 21
county with a population of one hundred thousand or greater which 22
does not have a voting center as required in (a) of this subsection. 23
A voting center opened pursuant to this subsection (2) is not 24
required to be open on the Sunday before the presidential election.25
(3) Voting centers shall be located in public buildings or 26
buildings that are leased by a public entity including, but not 27
limited to, libraries. 28
(4) Each voting center, and at least one of the other locations 29
designated by the county auditor to allow voters to register in 30
person pursuant to RCW 29A.08.140(1)(b), must provide voter 31
registration materials, ballots, provisional ballots, disability 32
access voting units, sample ballots, instructions on how to properly 33
vote the ballot, a ballot drop box, and voters' pamphlets, if a 34
voters' pamphlet has been published. 35
(5) Each voting center must be accessible to persons with 36
disabilities. Each state agency and entity of local government shall 37
permit the use of any of its accessible facilities as voting centers 38
when requested by a county auditor. 39
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(6) Each voting center must provide at least one voting unit 1
certified by the secretary of state that provides access to 2
individuals who are blind or visually impaired, enabling them to vote 3
with privacy and independence. 4
(7) No person may interfere with a voter attempting to vote in a 5
voting center. Interfering with a voter attempting to vote is a 6
violation of RCW 29A.84.510. The county auditor shall designate by 7
administrative rule a specific point or points as the entrance to 8
each voting center, taking into account the unique attributes of the 9
voting center, to assure that voters have the ability to arrive and 10
depart unimpeded. 11
(8) No person may interfere with the operation of a voting 12
center. Interfering with the operation of a voting center is a 13
violation of RCW 29A.84.510. This prohibition includes unauthorized 14
access or handling of ballots, and unauthorized access to any voting 15
equipment or election systems. Unauthorized access includes elected 16
officials and county staff accessing systems in any manner not 17
required by their job function. 18
(9) Before opening the voting center, the voting equipment shall 19
be inspected to determine if it has been properly prepared for 20
voting. If the voting equipment is capable of direct tabulation of 21
each voter's choices, the county auditor shall verify that no votes 22
have been registered for any issue or office, and that the device has 23
been sealed with a unique numbered seal at the time of final 24
preparation and logic and accuracy testing. A log must be made of all 25
device numbers and seal numbers. 26
(10) The county auditor shall require any person desiring to vote 27
at a voting center to ((either)) sign a ballot declaration ((or)) and 28
provide identification. 29
(a) The signature on the declaration must be compared to the 30
signature on the voter registration record before the ballot may be 31
counted. If the voter registered using a mark, or can no longer sign 32
the voter's name, the election officers shall require the voter to be 33
identified by another registered voter. 34
(b) The identification must be valid photo identification, such 35
as a driver's license, state identification card, ((student 36
identification card, )) tribal identification card, or ((employer)) 37
federal government-issued photo identification card. A tribal 38
identification card is not required to include a residential address 39
or an expiration date to be considered valid under this section. Any 40
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individual who desires to vote in person but cannot provide 1
identification shall be issued a provisional ballot, which shall be 2
accepted if the signature on the declaration matches the signature on 3
the voter's registration record. 4
(11) Provisional ballots must be accompanied by a declaration and 5
security envelope, as required by RCW 29A.40.091, and space for the 6
voter's name, date of birth, current and former registered address, 7
reason for the provisional ballot, and disposition of the provisional 8
ballot. The voter shall vote and return the provisional ballot at the 9
voting center and provide photo identification as provided in 10
subsection (10) of this section . The voter must be provided 11
information on how to ascertain whether the provisional ballot was 12
counted and, if applicable, the reason why the vote was not counted.13
(12) Any voter may take printed or written material into the 14
voting device to assist in casting votes. The voter shall not use 15
this material to electioneer and shall remove it when leaving the 16
voting center. 17
(13) If any voter states that the voter is unable to cast a vote 18
due to a disability, the voter may designate a person of the voter's 19
choice, or two election officers, to enter the voting booth and 20
record the votes as the voter directs. 21
(14) No voter is entitled to vote more than once at a primary, 22
special election, or general election. If a voter incorrectly marks a 23
ballot, the voter may be issued a replacement ballot.24
(15) A voter who has already returned a ballot but requests to 25
vote at a voting center shall be issued a provisional ballot. The 26
canvassing board shall not count the provisional ballot if it finds 27
that the voter has also voted a regular ballot in that primary, 28
special election, or general election. 29
(16) Any voter who is inside or in line at the voting center at 30
8:00 p.m. on the day of the primary, special election, or general 31
election must be allowed to vote. 32
(17) For each primary, special election, and general election, 33
the county auditor may provide election services at locations in 34
addition to the voting center. The county auditor has discretion to 35
establish which services will be provided at the additional 36
locations, and which days and hours the locations will be open.37
NEW SECTION. Sec. 6. A new section is added to chapter 29A.60 38
RCW to read as follows: 39
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(1) No ballot may be counted that does not comply with the photo 1
identification requirement in RCW 29A.40.160. 2
(2) If the voter neglects to enclose valid photo identification 3
as required by RCW 29A.40.160, or the photo identification does not 4
have the same name as on the registration file, the auditor shall 5
notify the voter by first-class mail and, if the auditor has a 6
telephone number or email address on file for a voter, by telephone, 7
text message, or email, and advise the voter of the deficiency and 8
the correct procedures for completing the ballot. If the ballot is 9
received within five business days of the final meeting of the 10
canvassing board, or the voter has been notified by first-class mail 11
and has not responded at least five business days before the final 12
meeting of the canvassing board, then the auditor shall attempt to 13
notify the voter by telephone, using the voter registration record 14
information. If the auditor calls a voter and the voter does not 15
answer, but voice mail is available, the auditor shall leave a voice 16
mail message. 17
(3) An auditor who provides electronic means for submission of a 18
ballot declaration signature shall establish appropriate privacy and 19
security protocols that ensure that the information transmitted is 20
received directly and securely by the auditor and is only used for 21
the stated purposes of verifying the identity on the voter's ballot.22
(4) If a voter's ballot is rejected in two consecutive primary or 23
general elections due to a lack of valid photo identification, the 24
auditor must contact the voter by telephone, text message, or email, 25
if the auditor has a telephone number or email address on file for 26
the voter, and request that the voter provide valid photo 27
identification the next time they vote. 28
(5) A voter may not cure a missing or mismatched valid photo 29
identification for purposes of counting the ballot in a recount.30
(6) A record must be kept of all ballots with missing and 31
mismatched photo identification. The record must contain the date on 32
which the voter was contacted or the notice was mailed, as well as 33
the date on which the voter submitted updated information. The record 34
must be updated each day that ballots are processed under RCW 35
29A.60.160, each time a voter was contacted or the notice was mailed, 36
and when the voter submitted updated information. The auditor shall 37
send the record, and any updated records, to the secretary of state 38
no later than 48 hours after the record is created or updated. The 39
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secretary of state shall make all records publicly available no later 1
than 24 hours after receiving the record. 2
Sec. 7. RCW 46.20.117 and 2024 c 315 s 4 and 2024 c 162 s 3 are 3
each reenacted and amended to read as follows: 4
(1) Issuance. The department shall issue an identicard, 5
containing a picture, if the applicant: 6
(a) Does not hold a valid Washington driver's license;7
(b) Proves the applicant's identity as required by RCW 46.20.035; 8
and 9
(c) Pays the required fee. Except as provided in subsection (7) 10
of this section, the fee is $72, unless an applicant is:11
(i) A recipient of continuing public assistance grants under 12
Title 74 RCW, or a participant in the Washington women, infants, and 13
children program. Any applicant under this subsection must be 14
verified by documentation sufficient to demonstrate eligibility;15
(ii) Under the age of 25 and does not have a permanent residence 16
address as determined by the department by rule; or17
(iii) An individual who is scheduled to be released from an 18
institution as defined in RCW 13.40.020, a community facility as 19
defined in RCW 72.05.020, a correctional facility as defined in RCW 20
72.09.015, or other juvenile rehabilitation facility operated by the 21
department of social and health services or the department of 22
children, youth, and families; or an individual who has been released 23
from such an institution or facility within 30 calendar days before 24
the date of the application. 25
For those persons under (c)(((i) through)) (ii) and (iii) of this 26
subsection, the fee must be the actual cost of production of the 27
identicard. There is no fee for those persons under (c)(i) of this 28
subsection.29
(2)(a) Design and term. The identicard must: 30
(i) Be distinctly designed so that it will not be confused with 31
the official driver's license; and 32
(ii) Except as provided in subsection (7) of this section, expire 33
on the eighth anniversary of the applicant's birthdate after 34
issuance. 35
(b) The identicard may include the person's status as a veteran, 36
consistent with RCW 46.20.161(4). 37
(c) If applicable, the identicard may include a medical alert 38
designation as provided in subsection (5) of this section.39
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(3) Renewal. An application for identicard renewal may be 1
submitted by means of: 2
(a) Personal appearance before the department; 3
(b) Mail or electronic commerce, if permitted by rule of the 4
department and if the applicant did not renew the identicard by mail 5
or by electronic commerce when it last expired; or 6
(c) From January 1, 2022, to June 30, 2024, electronic commerce, 7
if permitted by rule of the department. 8
An identicard may not be renewed by mail or by electronic 9
commerce unless the renewal issued by the department includes a 10
photograph of the identicard holder. 11
(4) Cancellation. The department may cancel an identicard if the 12
holder of the identicard used the card or allowed others to use the 13
card in violation of RCW 46.20.0921. 14
(5) Any person may apply to the department to obtain a medical 15
alert designation, a developmental disability designation, or a 16
deafness designation on an identicard issued under this chapter by 17
providing: 18
(a) Self-attestation that the individual: 19
(i) Has a medical condition that could affect communication or 20
account for a health emergency; 21
(ii) Is deaf or hard of hearing; or 22
(iii) Has a developmental disability as defined in RCW 23
71A.10.020; 24
(b) A statement from the person that they have voluntarily 25
provided the self-attestation and other information verifying the 26
condition; and 27
(c) For persons under 18 years of age or who have a developmental 28
disability, the signature of a parent or legal guardian.29
(6) A self-attestation or data contained in a self-attestation 30
provided under this section: 31
(a) Shall not be disclosed; and 32
(b) Is for the confidential use of the director, the chief of the 33
Washington state patrol, and law enforcement and emergency medical 34
service providers as designated by law. 35
(7) Alternative issuance/renewal/extension . The department may 36
issue or renew an identicard for a period other than eight years, or 37
may extend by mail or electronic commerce an identicard that has 38
already been issued. The fee for an identicard issued or renewed for 39
a period other than eight years, or that has been extended by mail or 40
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electronic commerce, is $9 for each year that the identicard is 1
issued, renewed, or extended. The department must offer the option to 2
issue or renew an identicard for six years in addition to the eight 3
year issuance. The department may adopt any rules as are necessary to 4
carry out this subsection. 5
(8) Identicard photos must be updated in the same manner as 6
driver's license photos under RCW 46.20.120(5). 7
NEW SECTION. Sec. 8. This act may be known and cited as the 8
state elections confidence using rigorous examination (SECURE) act.9
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