Washington Administrative Code
Title 434 - Secretary of State
Chapter 434-324 - Statewide voter registration database
Section 434-324-106 - Felony screening process-Potential match check

Universal Citation: WA Admin Code 434-324-106

Current through Register Vol. 22-12, June 15, 2022

(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.


(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.


(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.

Amended by WSR 20-13-043, Filed 6/10/2020, effective 7/11/2020

Amended by WSR 21-24-052, Filed 11/24/2021, effective 12/25/2021

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. 11-24-064, § 434-324-106, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. 10-03-072, § 434-324-106, filed 1/18/10, effective 2/18/10; 09-18-098, § 434-324-106, filed 9/1/09, effective 10/2/09; 06-23-094, § 434-324-106, filed 11/15/06, effective 12/16/06; 05-24-039, § 434-324-106, filed 11/30/05, effective 12/31/05.

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