As used in this chapter:

(1) "Accepted" means the voter's ballot has been signature verified and is ready for initial processing.

(2) "Active status" means a designation assigned to voters with complete voter registration records signifying that the voter is eligible to vote.

(3) "Applicant" means a person who has applied, or is applying, to become a registered voter in the state of Washington.

(4) "Auditor" or "county auditor" means the county auditor in a noncharter county or the officer in a charter county, irrespective of title, having the overall responsibility to maintain voter registration to conduct state and local elections.

(5) "Automatic voter registration" means the process in which applicants for government services are automatically registered to vote upon completing a transaction that requires proof of United States citizenship.

(6) "Conditional registration" means an in-person voter registration application submitted when the voter registration system is unable to process applications. Conditionally registered voters are issued a current ballot for their precinct whenever possible; they are not issued a provisional ballot.

(7) "Current ballot" means the ballot which matches the precinct, precinct portion or split in which the voter is currently registered to vote. This is the most recently issued ballot type or style.

(8) "Electronic registration" means the electronic submission of voter registration applications.

(9) "Extraction," as used in this chapter, means the creation of an electronic list of specific information from the entire official statewide voter registration database.

(10) "Future voter" means a participant in the future voter program established under RCW 29A.08.170.

(11) "New county" means a county in Washington state that a registered voter is moving to from another county within Washington state.

(12) "Pending status" means a voter registration record is not yet complete, and the applicant is not yet a registered voter or the registration is a potential felon, potential duplicate match, prospective registration applicant, or a future voter.

(13) "Previous county" means a county in Washington state that a registered voter lived in prior to moving to a new county.

(14) "Qualified tribal identification" means tribal identification from an issuer of tribal identification that has agreed to make digitized signature information available for the purpose of voter registration.

(15) "Received" means the voter's ballot has been returned to the county and entered into the election management system, but not yet accepted.

(16) "Registered voter" means any elector who has completed the statutory registration procedures established by Title 29A RCW.

(17) "Registration number" means a unique identifier assigned to each registered voter, pursuant to RCW 29A.08.125.

(18) "Reissued ballot" means a new ballot issued to a voter due to an address update within the state that changes the voter's ballot type or style. A reissued ballot becomes the current ballot and all other ballots are suspended.

(19) "Replacement ballot" means a ballot that is the same type or style as the most recently issued. The request for a replacement ballot does not update the voter's current ballot type or style.

(20) "Secretary" means secretary of state or any other person authorized by the secretary of state to act on the secretary's behalf.

(21) "Suspended ballot" means any ballot that is not the current ballot. The suspended ballot may be accepted when the current ballot is not received or accepted.

The secretary of state shall provide an election management system that has the capability to:

(1) Store information required in WAC 434-324-010;

(2) Generate a list of registered voters in a county and their registration statuses;

(3) Track information specific to single elections, including the issuance and return of ballots;

(4) Scan voter registration forms; and

(5) Store and provide access to images of signatures of registered voters.

The election management system must conform to all of the requirements of state law and of these regulations.

(1) Each auditor must enter and maintain voter registration records in the official statewide voter registration database by using the election management system. Each record must contain at least the following information from the voter registration application in a format compatible with the official statewide voter registration database:

(a) Name;

(b) Complete residential address;

(c) Complete mailing address;

(d) Voter registration number;

(e) Gender;

(f) Date of birth;

(g) Date of original registration;

(h) Applicable district and precinct codes;

(i) Elections in which the individual was eligible to vote and if the voter voted, if available;

(j) Washington state driver license number, Washington state identification card number, valid tribal identification card, and/or the last four digits of the applicant's Social Security number; and

(k) An electronic scanned image file of the applicant's signature.

(2) In the case of an applicant who provides a copy of one of the alternative forms of identification listed in RCW 29A.08.107 for registration purposes, the auditor must either maintain a scanned image of the identifying document or make a notation in the registration record indicating which alternative form of identification was provided to the auditor. Pursuant to RCW 29A.08.710, a scanned image of the identification is not available for public inspection or copying.

(3)(a) If a voter registration application is incomplete, the county auditor may use other government resources and public records to confirm the missing information, except if the missing information is the applicant's signature or confirmation of United States citizenship. The county auditor may also attempt to contact the applicant by phone, email or other means to obtain identification information.

(b) If, after these attempts, the county auditor is still unable to obtain the incomplete information, the county auditor must send the applicant a verification notice as defined by RCW 29A.08.030.

(4) When the county auditor enters an applicant's information into the secretary of state's voter registration database, the auditor must check for potential duplicate registrations found by the system.

(5) Each auditor must use quality assurance procedures to maintain accurate data entry into the statewide voter registration database.

All auditors shall use the following system of two character codes for designating the county in which the voter is registered:

(1) Adams: AD;

(2) Asotin: AS;

(3) Benton: BE;

(4) Chelan: CH;

(5) Clallam: CM;

(6) Clark: CR;

(7) Columbia: CU;

(8) Cowlitz: CZ;

(9) Douglas: DG;

(10) Ferry: FE;

(11) Franklin: FR;

(12) Garfield: GA;

(13) Grant: GR;

(14) Grays Harbor: GY;

(15) Island: IS;

(16) Jefferson: JE;

(17) King: KI;

(18) Kitsap: KP;

(19) Kittitas: KS;

(20) Klickitat: KT;

(21) Lewis: LE;

(22) Lincoln: LI;

(23) Mason: MA;

(24) Okanogan: OK;

(25) Pacific: PA;

(26) Pend Oreille: PE;

(27) Pierce: PI;

(28) San Juan: SJ;

(29) Skagit: SK;

(30) Skamania: SM;

(31) Snohomish: SN;

(32) Spokane: SP;

(33) Stevens: ST;

(34) Thurston: TH;

(35) Wahkiakum: WK;

(36) Walla Walla: WL;

(37) Whatcom: WM;

(38) Whitman: WT; and

(39) Yakima: YA.

Consistent with RCW 29A.08.020, the date of receipt by an elections official is considered the date of voter registration application.

(1) The secretary of state's electronic voter registration web page must have the capability to:

(a) Reject applicants without a Washington state driver's license, state identification card, or valid tribal identification as required by RCW 29A.08.123;

(b) Require the applicant to affirmatively assent to the use of the applicant's driver's license, state identification card, or valid tribal identification card signature for voter registration purposes;

(c) Require the applicant to attest to the truth of the information provided on the application;

(d) Retrieve a digital copy of each applicant's driver's license or state identification card signature from the department of licensing or from an issuer of tribal identification that has agreed to make digitized signature information available for this purpose, and include it with the other information required for each applicant's voter registration; and

(e) Electronically transfer all information required for each applicant's voter registration to their county auditor for entry into the statewide voter registration database.

(2) The same timelines and processes used for registration by mail apply to electronic registration. A county auditor shall accept online and by mail applications no later than eight days before an election, and in-person applications at locations designated by the county auditor until 8:00 p.m. on election day.

All records pertaining to a protected records voter shall be maintained in a manner that ensures that the records are accessible only to authorized personnel. Information for a protected records voter shall not be maintained on any voter registration database and shall not be publicly accessible, except as provided by chapter 40.24 RCW.

(1) A registered voter may transfer their registration to another county by submitting a new voter registration application, or returning a signed confirmation notice that provides the minimum information required for a county-to-county transfer: Name, residential address, date of birth or voter registration number, and signature on the voter registration declaration.

(2) The county auditor shall expedite the mailing of a confirmation notice to complete the county-to-county transfer.

The minimum information necessary to complete the transfer to the new county is:

(a) Name;

(b) Residential address;

(c) A signature on the oath in RCW 29A.08.230; and

(d) Either date of birth or voter ID number.

(3) The new county may request additional information to confirm that the registration application is a transfer.

If the voter provides the required information, the county shall forward the confirmation notice by mail or electronically to the county auditor of the voter's new county of residence.

(4) If the voter provides a mailing address, but no residence address, the county auditor shall update the mailing address and keep the voter on active status. The county auditor may contact the voter to verify they still reside in the county of registration.

(5) If the request is missing information other than a residence address, the county auditor must send the request to the county where the voter currently resides. The receiving county will process the request and contact the voter as is necessary to transfer the registration in the same manner as other incomplete voter registration applications.

When the county auditor receives a transfer request after ballots have been mailed, the county auditor shall verify that no ballot has been accepted for that voter. If a ballot has not been accepted, the county auditor shall complete the transfer and issue the voter a current ballot.

(1) Upon entry of a new voter registration, the statewide voter registration database must assign a registration identification number to the registration.

(2) If the applicant provided a Washington driver's license number, state identification card number or valid tribal identification card, the applicant's identity is verified with the department of licensing. If the applicant provided the last four digits of their Social Security number, the applicant's identity is verified with the Social Security Administration through the department of licensing.

(3) If the applicant's identity is not verified or cannot be verified in the automated verification process, the county auditor must confirm the accuracy of the information entered from the voter registration application. The county auditor must correct any errors and again attempt to verify the applicant's identity automatically.

(4) If the applicant provided a Washington driver's license number, state identification number, or valid tribal identification number and the identity is not verified in the automated verification process, the county auditor may check department of licensing records to verify the applicant's identity. If the county auditor has the voter's Washington driver's license number, state identification number, or valid tribal identification card number, information on the application may be considered a "match" if it is clear to the county auditor that the information on the application describes the person on the department of licensing record. Reasons that the county auditor may conclude that the information on the application describes the person on the department of licensing record include, but are not limited to, the following:

(a) The first, middle, or last name on the application is a variation of the first, middle, or last name in the department of licensing record;

(b) The first, middle, or last name has transposed letters or another typographical error on the application or in the department of licensing record;

(c) The first and last names are transposed on the application or in the department of licensing record;

(d) The first and middle names are transposed on the application or in the department of licensing record;

(e) The applicant has a compound or hyphenated name which is not accurately or completely set forth on the application or in the department of licensing record;

(f) The first or middle name is abbreviated with initials on the application or in the department of licensing record;

(g) The last name on the application and the last name in the department of licensing record are not the same but, based on other information, the county auditor concludes that one of the names is a maiden name or a former name of the same person; or

(h) The month and day of the applicant's date of birth are transposed on the application or in the department of licensing record.

If the county auditor concludes that the information on the application describes the person on the department of licensing record, the county auditor must override the failure to verify through the automated verification process and must note the reason it is considered a match. The county auditor must place the applicant on the official list of registered voters in active status.

(i) If the applicant's identity is not verified in the automated verification process and the voter's identification could not be confirmed through the department of licensing, the applicant must be provisionally registered pursuant to RCW 29A.08.107. The registration record must be flagged as still requiring verification of the applicant's identity before the applicant's ballot may be counted.

(1) If the applicant is provisionally registered pursuant to WAC 434-324-040, the county auditor may use other government resources and public records to confirm the applicant's driver's license or state identification card number, valid tribal identification card, or the last four digits of the applicant's Social Security number. The county auditor may also attempt to contact the applicant by phone, email or other means to obtain identification information.

(2) If, after these attempts, the county auditor is still unable to verify the applicant's identity, the county auditor must send the applicant an identification notice at the time of registration that includes a postage prepaid, preaddressed form by which the applicant may verify or send additional information. The identification notice must include:

(a) A statement explaining that because the applicant's identity cannot be verified with the information provided on the application, they have been provisionally registered to vote.

(b) A statement explaining that if this additional information is not provided, the applicant's ballot will not be counted.

(c) A statement explaining that federal law requires the applicant to provide their driver's license number, state identification card number, valid tribal identification card number or the last four digits of their Social Security number, or a copy of one of the following forms of identification, either before or when they vote:

(i) Valid photo identification;

(ii) A valid enrollment card of a federally recognized tribe in Washington;

(iii) A current utility bill, or a current bank statement;

(iv) A current government check;

(v) A current paycheck; or

(vi) A government document, other than a voter registration card, which shows both the registrant's name and current address.

(3) If the applicant responds with updated driver's license, state identification card, valid tribal identification card, or Social Security information, or with a copy of one of the alternative forms of identification, the flag on the voter registration record must be removed, allowing the applicant's ballot to otherwise be counted the first time they vote after registering.

(4) If the applicant fails to respond with adequate documentation to verify the applicant's identity, the applicant's voter registration record must remain flagged. The applicant must be notified at the time of each election that the ballot will not be counted unless adequate verification of identity is provided.

(5) A provisional registration must remain on the official list of registered voters for at least two general elections for federal office. If, after two general elections for federal office, the voter still has not verified or provided information to verify identity, the provisional registration shall be canceled.

(6) The county auditor shall mail an identification notice to a primary-only voter, as defined in WAC 434-232-010, no earlier than 90 days before the primary that they are eligible to participate in.

(7) The county auditor shall not mail an identification notice to a participant in the future voter program established under RCW 29A.08.170 until the participant becomes a registered voter.

Upon receipt of an applicant's electronic voter registration record from the auditor, and on a daily basis, the secretary must search for potential duplicate registration records in the official statewide voter registration database by comparing the applicant's name and date of birth or other identifying information provided by the applicant on the voter registration form. Duplicates will be determined by comparing the signatures on all available records. If a voter is transferring their registration to a new county or if any other information on the application has been updated, the auditor of the new county must update the registration record in the state database.

(1) Pursuant to RCW 29A.08.140, a person already registered to vote in Washington may update their registration by submitting an address change using a registration application or making notification via any non-in-person method that is physically received by an election official no later than eight days before election day, or by appearing in person no later than 8:00 p.m. on election day.

(2) The county auditor may request additional identifying information before processing a voter registration update submitted on behalf of a family or household member.

(3) If a voter submits a registration transfer to a new county by the statutory deadline, but the voter's previous county issued the voter a ballot before the transfer is processed and the voter's ballot issued by the previous county was received but not yet accepted, the previous county must mail the suspended ballot to the voter's new county. If any races or issues on the suspended ballot from the previous county are applicable to the voter's residential address in the new county, the votes on those races and issues should be counted by the new county only when the voter does not vote and return a current ballot, or when the current ballot cannot be processed due to incorrect or incomplete information on the ballot envelope.

(4) If a participant in the future voter program established under RCW 29A.08.170 submits an address change, the county auditor must change the address listed on the application.

(1) The auditor must send an acknowledgment notice to an individual by nonforwardable, address correction requested mail if an individual:

(a) Registers to vote;

(b) Transfers their registration record within the county;

(c) Transfers their registration record from another county within Washington state; or

(d) Changes from one precinct to another because of a change in precinct boundaries.

(2) The acknowledgment notice must include:

(a) Voter's full name;

(b) Mailing address;

(c) County name;

(d) Precinct name and/or number; and

(e) The date the voter registered.

(3) The county auditor shall mail an acknowledgment notice to a primary-only voter, as defined in WAC 434-232-010, no earlier than 90 days before the primary that they are eligible to participate in.

(4) The county auditor shall not mail an acknowledgment notice to a participant in the future voter program established under RCW 29A.08.170 until the participant becomes a registered voter.

(1) When a voter is placed on inactive status, the county auditor must send a confirmation notice to the voter by first-class forwardable mail, and must include a response form that:

(a) Is preaddressed and postage prepaid;

(b) Includes either the voter's date of birth or voter registration number;

(c) Asks the voter to verify their current address; and

(d) Asks the voter to sign the oath in RCW 29A.08.230.

(2) When the voter sends the county auditor a response to the confirmation notice, the auditor must:

(a) Transfer the voter's registration and send the voter an acknowledgment notice if the response indicates that the voter has moved within the county.

(b) Forward the confirmation notice to the voter's new county by mail or electronically if the response indicates that the voter has moved to another county within Washington and the confirmation notice contains the minimum information required by WAC 434-324-036.

The county auditor in the voter's new county must register the voter using the information and signature on the confirmation notice. The new county must transfer the registration from the old county to the new county and send the voter an acknowledgment notice.

(c) Send the voter a voter registration application if the response indicates that the voter has moved to another county within Washington but the confirmation notice does not contain the minimum information required by WAC 434-324-036. The voter shall remain on inactive status according to RCW 29A.08.635.

(d) Cancel the voter's registration if the response indicates that the voter has moved out-of-state and the response is signed.

(e) Keep the voter on inactive status according to RCW 29A.08.635 if the response indicates that the voter has moved out-of-state but is not signed.

(3) The county auditor shall mail a confirmation notice to a primary-only voter, as defined in WAC 434-232-010, no earlier than 90 days before the primary that they are eligible to participate in.

(4) The county auditor shall not mail a confirmation notice to a participant in the future voter program established under RCW 29A.08.170 until the participant becomes a registered voter.

(1) An auditor must cancel the voter registration records of a deceased voter as authorized by RCW 29A.08.510.

(2) In addition to comparing a list of deceased persons prepared by the registrar of vital statistics with voter registration records pursuant to RCW 29A.08.510, the secretary may also compare voter registration records with deceased persons' information from the Social Security Administration. Comparisons must be conducted on a monthly basis. For any potential matches identified through the registrar of vital statistics or Social Security Administration, the secretary must confirm that the dates of birth are identical. The secretary must generate a county list of matching names, identified as potentially deceased voters, and provide the names to each auditor electronically. The auditor must review the list and approve or reject the proposed cancellations. The secretary may assist the auditor with this review.

(3) The county auditor must remove a participant from the future voter program established under RCW 29A.08.170 upon receipt of documentation from Vital Statistics, Social Security Administration, official death certificate, or written confirmation from another registered voter that the participant is deceased.

Pursuant to RCW 29A.08.510, the auditor must furnish to the public upon request forms for the purpose of permitting registered voters to request that the voter registration record of any person, whom they personally know to be deceased, be canceled.

A verification notice must be sent when a voter registration application does not contain all the minimum information required in RCW 29A.08.010. The notice must be sent by first-class forwardable mail and must include a response form that:

(1) Is preaddressed and postage paid or is accompanied by a preaddressed and postage paid return envelope.

(2) Requests that the applicant provide the missing information only.

(3) Requests that the applicant provide the missing information within 45 days from the date the verification notice was mailed.

If the applicant does not respond by the 45 day deadline, the voter registration application is considered void.

(4) The county auditor shall mail a verification notice to a primary-only voter, as defined in WAC 434-232-010, no earlier than 90 days before the primary that they are eligible to participate in.

(5) The county auditor shall not mail a verification notice to a participant in the future voter program established under RCW 29A.08.170 until the participant becomes a registered voter.

(1) Upon receipt of a complete automatic voter registration application, the county auditor must send the automatic voter registration applicant an acknowledgment notice package as defined in RCW 29A.08.030 within five business days. The voter registration transaction can include initial registration, name change, residential address change, mailing address change, or reactivation of an inactive voter registration. The notice package must be sent by nonforwardable, address correction requested mail, and include:

(a) A postage prepaid, preaddressed return automatic voter registration opt-out form as prescribed by the office of the secretary of state or in substantially the same format;

(b) An acknowledgment notice as defined in RCW 29A.08.030 and WAC 434-324-085; and

(c) Other information deemed necessary by the secretary.

(2) If the automatic voter registration application does not contain the minimum information required in RCW 29A.08.010, the county auditor shall mail a verification notice and automatic voter registration opt-out form simultaneously to the prospective registration applicant, following procedure as set forth in RCW 29A.08.110 and WAC 434-324-103.

(3) The county auditor shall mail an automatic voter registration acknowledgment notice package to a primary-only voter, as defined in WAC 434-232-010, no earlier than 90 days before the primary that they are eligible to participate in.

(4) The county auditor shall not mail an automatic voter registration acknowledgment notice package to a participant in the future voter program established under RCW 29A.08.170 until the participant becomes a registered voter.

(5) In addition to mailing the automatic voter registration acknowledgment package, the county auditor may provide notification to the registration applicant by:

(a) Telephone, leaving a voicemail if the automatic voter registration applicant does not answer and voicemail is available (if the automatic voter registration applicant has provided a phone number);

(b) Text message (if the automatic voter registration applicant has opted into text message notifications); or

(c) Email, enclosing a copy of the automatic voter registration acknowledgment notice package (if the automatic voter registration applicant has provided an email address).

(6) If the automatic voter registration information provided by the government agency where the voter applied to government services is for a currently registered voter and does not contain a change to the voter's name or address(es), the county auditor may choose whether to send the voter an automatic voter registration acknowledgment notice package.

(7) Prior to removal from the statewide voter registration database of a new voter registration record upon receipt of the automatic voter registration opt-out form, the county auditor must ensure that the signature on the automatic voter registration opt-out form matches the signature in the voter registration record by utilizing criteria outlined in WAC 434-261-052.

(a) If the signature on the automatic voter registration opt-out form matches the signature on the voter registration record, the registration is removed from the statewide voter registration database, and the prospective registration applicant is deemed to have never registered to vote.

(b) If the signature on the automatic voter registration opt-out form does not match the signature on the voter registration record, the county auditor must attempt to contact the prospective registration applicant consistent with subsection (5) of this section. To be deemed as never having registered to vote, the prospective registration applicant must either:

(i) Appear in person and sign an automatic voter registration opt-out form no later than close of business 15 days following the date the package was mailed by the county auditor; or

(ii) Sign an automatic voter registration opt-out form and return it to the county auditor no later than close of business 15 days following the date the package was mailed by the county auditor.

(8) Upon receipt of an automatic voter registration opt-out form from a currently registered voter, the county auditor must ensure that the signature on the form matches the signature in the voter registration record by utilizing criteria outlined in WAC 434-261-052.

(a) If the signature on the automatic voter registration opt-out form matches the signature on the voter registration record, the automatic voter registration application changes are nullified, and the voter registration record will revert to the data in the record prior to the application being processed.

(b) If the signature on the automatic voter registration opt-out form does not match the signature on the voter registration record, the county auditor must attempt to contact the voter consistent with subsection (5) of this section. To nullify the voter registration record changes, the voter must either:

(i) Appear in person and sign an automatic voter registration opt-out form no later than close of business 15 days following the date the package was mailed by the county auditor; or

(ii) Sign an automatic voter registration opt-out form and return it to the county auditor no later than close of business 15 days following the date the package was mailed by the county auditor.

(9) The date of registration is the date an election official receives the information to register the person to vote. If an automatic voter registration application is received in the eight days prior to election day, the date of registration is the day after the election, and the county auditor must mail the automatic voter registration acknowledgment package within five business days following election day.

(10) The county auditor must keep a record of the voter opt-out forms sent and received. The record must contain the date on which the notice package was mailed, the date on which the voter was contacted in other means if applicable, as well as the date on which the voter subsequently submitted an automatic voter registration opt-out form to cancel the pending automatic voter registration record.

(1) The right to vote is restored following a felony conviction that includes serving a sentence of total confinement upon release from total confinement as established in RCW 29A.08.520.

(2)(a) The secretary of state must compare lists of persons held in total confinement for a felony conviction with the list of registered voters, to identify individuals appearing on both lists.

(b) Upon receiving new data, or at least on a monthly basis, the secretary must compare the voter registration records to lists of persons who have been:

(i) Convicted of a felony in Washington state court and are serving a sentence of total confinement under the jurisdiction of the Washington state department of corrections, when lists of such persons are provided by the department of corrections.

(ii) Convicted by a federal court or any state court other than a Washington state court and currently serving a sentence of total confinement, when lists of such persons are provided by federal or other state authorities.

(3) The secretary must create a list of voters potentially convicted of a felony as identified in subsection (1) of this section by matching the first name, last name, date of birth, and other identifying information.

(4)(a) For each voter identified through the process set forth in subsections (1) and (2) of this section, the secretary must change the voter's registration status to "pending" with a status reason that indicates the record is for a person who is potentially ineligible to vote due to serving a sentence of total confinement for a felony conviction, or incarcerated for a felony conviction in a state other than Washington state or federal court.

(b) Voters with a pending status must not be issued a ballot.

(1) The secretary must mail a notification letter to each registered voter identified through the process set forth in WAC 434-324-106.

(2) The notification letter must contain language informing the person:

(a) That they are potentially a voter whose status is pending cancellation;

(b) That they must contact their county auditor's office to contest the pending cancellation;

(c) That they may request a provisional ballot for any pending elections;

(d) That a person serving a sentence of total confinement under the jurisdiction of the department of corrections for a felony conviction, or currently incarcerated due to a felony conviction in another state or federal court loses the right to vote until the right is restored;

(e) Of the reason the person has been declared ineligible to vote;

(f) That the person's voter registration will be canceled due to their total confinement under the jurisdiction of the department of corrections for a felony conviction or incarceration in another state or federal prison for a felony conviction if they do not respond within 30 days from the date of the letter; and

(g) How to contest the pending cancellation.

(3) The notification letter must be sent to the person's last known registration mailing address and to the person's address on file with the department of corrections indicating that their voter registration is about to be canceled.

(4) The notification letter must contain language informing the person that for a felony conviction in a Washington state court, the right to vote is restored as long as the person is not serving a sentence of total confinement under the jurisdiction of the department of corrections. For a felony conviction in another state or federal court, the right to vote is restored as long as the person is no longer incarcerated;

(5) The secretary must send to each auditor the voter registration status information for each matched person registered to vote in that county who has been identified as pending cancellation by this section.

(1) If a person sent a notification by the secretary under the processes set forth in WAC 434-324-1065 fails to contact the auditor within 30 days of the date of the letter, that person's voter registration must be canceled. If an election in which the person would otherwise be eligible to vote is scheduled to occur during the 30 days, the person must be allowed to vote a provisional ballot. Any unreturned ballot issuances for the voter must be suspended and, if returned, held until the question of the person's eligibility can be resolved.

(2) The question of the person's eligibility to vote may be resolved and the pending status reversed if:

(a) The person provides verifiable information that the person is not serving a sentence of total confinement;

(b) The person's voting rights have been restored;

(c) The conviction is not a felony;

(d) The person convicted is not the registered voter;

(e) The person is no longer incarcerated due to a felony conviction in another state or federal court; or

(f) The person is otherwise eligible to vote.

(3) If a ballot is received from a voter whose status was changed to "pending" in accordance with WAC 434-324-106 after ballots were issued, the ballot must be held until the question of the person's eligibility can be resolved.

The disposition of the ballot can be decided in the following ways:

(a) If the question of the voter's eligibility is resolved as stated in subsection (2) of this section, the ballot should be counted if otherwise valid.

(b) If the voter is verified as serving a sentence of total confinement under the jurisdiction of the department of corrections for a felony conviction or is currently incarcerated due to a felony conviction in a state other than Washington state or federal court, then the ballot should not be counted.

(c) If the voter's eligibility has not been resolved, then the canvassing board, prosecuting attorney, or their designees should attempt to acquire documentation and/or contact the department of corrections or other institution to verify whether the individual is serving a sentence of total confinement under the jurisdiction of the department of corrections for a felony conviction or is incarcerated due to a felony conviction in a state other than Washington state or federal court.

(d) If the voter's status cannot be verified, then the ballot should be counted if otherwise valid.

(4) The auditor must notify the voter and the secretary of state when their pending status is removed. The secretary must flag the voter registration record to prevent future cancellation on the same basis.

Upon receipt of a court order declaring an incapacitated person does not retain voting rights as outlined in RCW 11.130.310, the auditor must search the state election management system to determine whether the person is a registered voter. If the auditor determines the incapacitated person's name and other identifying information match, they must cancel the incapacitated person's voter registration and send a cancellation notice to the incapacitated person using the last known address.

A voter may cancel their own voter registration by submitting a signed written notification to the auditor for the county in which the voter is registered to vote. Prior to cancellation of such a registration record, the auditor must ensure the signature on the notification matches the signature in the voter registration file by utilizing criteria outlined in WAC 434-261-051. A county auditor may not process a voluntary cancellation between the deadline in RCW 29A.08.140 for updating a registration and certification of the primary or election.

A participant in the future voter program established under RCW 29A.08.170 may be removed from the program by submitting a signed written notification to the auditor for the county in which they live. The auditor shall process the notification in the same manner as other voluntary cancellations.

(1) If, at any time, the secretary finds that a registered voter does not possess the qualifications required by state law to exercise their right to vote for reasons not listed in this chapter, the secretary must refer such information to the appropriate county auditor and county prosecutor.

(2) If, at any time, the auditor finds that a registered voter does not possess the qualifications required by state law to exercise their right to vote for reasons not listed in this chapter, the auditor must notify the county prosecutor.

(1) All county auditors and the secretary of state shall furnish to the public on request forms that allow a registered voter to challenge the registration of another voter pursuant to RCW 29A.08.810 through 29A.08.850. The secretary of state must make the form available on its website.

(2) Voter registration challenges filed with the county auditor shall be published on the county auditor's website as required by RCW 29A.08.835. The final decision of the county auditor or canvassing board shall also be posted on the county auditor's website. The challenge and final decision must remain on the county auditor's website for one month after the final decision was made.

The secretary of state and each county auditor must conduct voter registration list maintenance, process online voter registrations, motor voter registrations and agency-based registrations, and update registrations according to procedures and instructions in the statewide voter registration database manual.

(1) Pursuant to the provisions of RCW 29A.08.710, 29A.08.720 and 29A.08.740, the auditor or secretary must furnish to any person, upon request, the current list of registered voters at actual reproduction cost. The auditor or secretary may also provide a list of canceled voters. Auditors may combine these lists. The auditor or secretary may, upon request, select names and addresses from the voter registration records on the basis of the precinct code, the district code, date of registration, or voting history of each individual voter in that portion of the voter registration file. Such lists must contain the information prescribed in RCW 29A.08.710 for each registered voter and may be in printed or electronic form.

(2) Such voter registration lists may not be used for commercial purposes. The person making the request must be provided a copy of RCW 29A.08.740.

The auditor or secretary may require each person who requests a list of registered voters under the authority of RCW 29A.08.720 and WAC 434-324-130 to sign a request which includes penalty requirements as set forth in RCW 29A.08.720 and 29A.08.740.

The secretary and each county must retain the voter registration records according to a retention schedule approved by the state or local records committee and promulgated by the archives division of the secretary's office. On an annual basis, the secretary must copy all voter registration records from the statewide voter registration database after each general election. By December 31st of each year, the secretary must transfer the copy to the state archives division for permanent retention. This copy will contain all voter registration records in the statewide voter registration database, including active, inactive, and canceled records.

The secretary must maintain disaster recovery and security plans for the voter registration database. A copy of the plans must be stored offsite. Both plans are exempt from public disclosure pursuant to RCW 42.56.420.