US. Department of Justice Civil Rights Division Voting Section - NWB 950 Ave, NW Washington, DC 20530 The Honorable Kim Wyman . . JUNZ 8 2017 Secretary of State Legislative Building PO Box 40220 Olympia, WA 98504?0220 Dear Secretary Wyman: We write to you as the chief election official for the State of Washington to request information regarding the State?s procedures for compliance with the statewide voter registration list maintenance provisions of the National Voter Registration Act 52 U.S.C. 20501 et seq and the Help America Vote Act 52 U. S. C. 20901 et seq. As part of our nationwide enforCement efforts, we are reviewing voter registration list maintenance procedures 1n each state covered by the NVRA. The NVRA imposes several requirements on covered states that promote the maintenance of accurate statewide voter lists. Among other things, states must: 0 ?conduct a general program that makes a reasonable effort to remove the names of ineligible voters? from the statewide voter registration list due to the registrant?s death or change of residence (Section 52 U.S.C. 20507(a)(4)); - ensure that the state?s general program complies with the requirements and protections imposed by Sections and (52 U.S.C. 0 ensure that any change?of?address form submitted by a voter to a state?s motor vehicle authority for driver?s licensing purposes serves as a change of address for voter registration purposes, unless the voter states a contrary intention on the form (Section 52 U. S. C. 20504(d)); - ensure that when a registrar receives information that a registered voter has moved to anew address within the registrar?s jurisdiction, the voter list is updated to re?ect the new address (Section 52 U.S.C. 20507(f)); and, maintain and make available for public inspection for at least two years ?all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of of?cial lists of eligible voters? (Section 52 U.S.C. 20507(i)). -2- The NVRA imposes these requirements on the state itself. Thus, where a state tasks local election of?cials With implementing aspects of its list maintenance procedures, the state?s chief elections of?cial must ?actively oversee the general program? and ensure that it is ?reasonably conducted.? United States v. Missouri, 535 F.3d 844, 850 (8th Cir.2008). HAVA also imposes certain list maintenance obligations on states as part of the uniform statewide databaSe requirements of Section 303(a)(2) of HAVA, 52 U.S.C. 21083(a)(2), including coordinating the state voter registration list with state agency records on felony status and death. As well as reviewing states? procedures, our efforts to assess compliance with these provisions will also include an analysis of voter registration data reported by each state to the US. Election Assistance Commission as part of its biennial Election Administration and Voting Survey Data regarding con?rmation notices, removals from the voter registration list, and active and inactiVe registered voters are of particular relevance and are among the categories of data for which reporting is required by EAC regulations. See 11 C.F.R. 9428.7. However, such data for some states were not included in the 2014 EAVS report,1 the most recent survey results published by the Thus, some states are receiving a request for any missing data as part of the information requested below. Similarly, we will review the . 2016 EAVS data when they are available. To assist our efforts, we respectfully request that you provide us with the following information related to the above requirements: 0 All statutes, regulations, written guidance, internal policies, or database user manuals that set out the procedures Washington has put inplace relating to: (A) the general program required by Section to remove voters from the voter registration list who have become ineligible due to death or change of residence; 0 (B) the requirement of Section 5(d) that motor vehicle changes of address generally serve as updates to voter registration records; 0 (C) any other process that election of?cials are authorized or required to follow to remove voters by reason of death or change in residence, such as challenge procedures or other list maintenance activities net part of the ?general program?; and 1 US. Election Assistance Commission, ?The EAC 2014 Election Administration and Voting Survey Comprehensive Report: A Report to the 114th Congress,? June 30, 2015, available at 1/20 . -3- (D) the processes that the state follows for coordinating state databases under HAVA for list maintenance purposes, and any other database coordination or comparison that the state?undertakes' for list maintenance purposes. If your state has relevant procedures in place that are not covered by these written materials, please provide a description of them. 0 An explanation of which election of?cials are responsible for implementing Washington?s general program of voter registration list maintenance, and for those responsible of?cials not employed by your of?ce (such as a local election of?cial), a description of the steps that you have taken to ensure that the State?s list maintenance program has been properly carried out in full compliance with the NVRA. - The following data relating to voter registration'list maintenance that were requested as part of the 2014 EAVS and for which Washington?s response appears to be incomplete, based on the datasets posted on the website2 (please provide data for'each of your state?s local jurisdictions for which data Were not provided to the EAC): The number of con?rmation notices sent to voters in the period between the close of registration for the November 2012 general election and the close of registration for the November 2014 general election (requested by question Al 0a of the 2014 EAVS Survey Instrument) The number of voters removed from the voter registration rolls in your jurisdiction in the period between the close of registration for the November 2012 general election and the close of registration for the November 2014 general election due to failure to respond to notice sent and failure to vote in the two most recent Federal elections (requested by question A1 1 of the 2014 EAVS Survey Instrument) Please also indicate whether Washington is reporting similar data in response to the 2016 EAVS. '2 See 2014 EAVS Survey Instrument, available at 15 pdf. -4- Please provide this information Within 30 days of the date of this letter. The materials may be sent by email to votingsectionCcBusdoi.gov or by FedEx or UPS to Voting SectiOn, Civil . Rights Division, Room 7254, US. Department of Justice, 1800 Street NW, Washington, DC 20006. If you have any questions regarding this request, please contact Samuel Oliker?Friedland at 202-353?6196 or David Cooper at 202-305-4733. We very much appreciate your cooperation . in our nationwide efforts to monitor NVRA compliance. cc: Ms. Lori Augino, Director of Elections