Wash. Admin. Code § 434-235-010

Current through Register Vol. 24-23, December 1, 2024

Section 434-235-010 - Scope

(1) This chapter implements the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Sec. 20301, the Military and Overseas Voter Empowerment Act, 52 U.S.C. Sec. 20301, and the provisions for service and overseas voters in Title 29A RCW.

(2) Absent uniformed service voter is defined in 52 U.S.C. Sec. 20310(1) as:

(a) A member of a uniformed service on active duty who, by reason of such active duty, is absent from the place of residence where the member is otherwise qualified to vote;

(b) A member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote; and

(c) A spouse or dependent of a member referred to in (a) or (b) of this subsection who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote.

(3) Service voter is defined in RCW 29A.04.163 as any elector of the state of Washington who:

(a) Is a member of the armed forces under 52 U.S.C. Sec. 20301(1) while in active service;

(b) Is a member of a reserve component of the armed forces;

(c) Is a student or member of the faculty at a United States military academy;

(d) Is a member of the merchant marine of the United States; or

(e) Is a member of a religious group or welfare agency officially attached to and serving with the armed forces of the United States.

(4) References in Title 434 WAC to "service voter" include voters who meet either the federal definition for "uniformed service voter" or the state definition for "service voter."

(5) Overseas voter is defined in 52 U.S.C. Sec. 20310(5) as:

(a) An absent uniformed services voter who, by reason of active duty or service is absent from the United States on the date of the election involved;

(b) A person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or

(c) A person who resides outside the United States and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States.

(6) Overseas voter is defined in RCW 29A.04.109 as any elector of the state of Washington outside the territorial limits of the United States.

Wash. Admin. Code § 434-235-010

Amended by WSR 23-15-018, Filed 7/7/2023, effective 8/7/2023

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. 11-24-064, § 434-235-010, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.255. 11-05-008, § 434-235-010, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29A.04.611. 07-20-074, § 434-235-010, filed 10/1/07, effective 11/1/07.