In Washington state, there is a presumptive right to vote when a person is registering

TJ Martinell
The Center Square Washington

Numerous pieces of legislation enacted by the Washington Legislature this session made modifications to the state voter registration system and were introduced at the request of the Office of the Secretary of State. The requested legislation came after SOS released a study in December on improving automatic voter registration that includes eliminating the risk of ineligible registration.

In Washington state, there is a presumptive right to vote when a person is registering, in which they need only provide their name, residence, and date of birth, along with affirming they are eligible to register. People can register with SOS through the Department of Licensing when registering for a driver’s license. If a resident is registering for an enhanced driver’s license, they are required to show proof of citizenship. Residents can also register with the Department of Social and Health Services if they’re seeking services that require citizenship.

One of the bills introduced and enacted this session at the request of SOS was Senate Bill 5112, which automatically registers a person when they obtain an enhanced state ID or driver’s license.

However, the SOS report also recommended that the state adopt a process similar to that of Colorado and Oregon, both of which allow non-citizens to obtain a REAL ID compliance license and automatically register citizens to vote. In Washington, only citizens can obtain enhanced driver’s licenses or state ID cards. Also, in Colorado, the standard driver’s license is REAL ID compliant.

“The REAL-ID compliance process is a rigorous review of the applicant’s identification and clarifies whether an applicant is a citizen or has legal presence in the country,” the report states. “The standard license does not involve proof of citizenship and therefore does not establish voter eligibility.”

Because of the way Washington’s voter registration system is arranged, the SOS report states that “a small number of people ineligible to be voters are inadvertently registered at a DOL office” because “statutory amendments to Washington law have reduced but not eliminated the potential for registering an ineligible person. The problem is usually discovered when an ineligible person receives a ballot and realizes that something has gone wrong. To correct this problem, the ineligible person must contact election administrators and cancel their voter registration. If the ineligible person discovers the error when in the process of seeking naturalization, they may face a significant barrier on their path to becoming a United States citizen.”

The report further states: “Given the impact on a person who is inadvertently registered, extreme diligence in the process is necessary.”

Another one of its recommendations is “increasing the uptake of Enhanced documents by the public, thus making most transactions AVR [automatic voter registration] transactions” and eliminating the risk of ineligible registration.

However, in a Dec. 1 email to other DOL staff regarding the study, Policy Advisor & Communications Manager Liz Coleman pushed back against the implication of ineligible people registering to vote, as the report included “no data or real numbers.”

SB 5112’s provisions have separate effective dates, some as early as July 23, while other provisions take effect on July 15, 2024.

This report was first published by The Center Square Washington.