Voter Registration Challenges

Information for Voters

A voter registration is presumptive evidence of a person's right to vote. A challenge may be dismissed if proper evidence isn't supplied. A challenge may only be filed for the reasons listed on this form. Any other reason is not considered to be legitimate grounds for a challenge. The challenge process is established in  RCW 29A.08.810 through  RCW 29A.08.850.

Filing a Challenge

Registered voters and county prosecuting attorneys may file a voter registration challenge. A challenge must be based on the challenger's personal knowledge. Submit a completed challenge form, and supporting documentation, to the Benton County Elections. Determination of the challenge is based entirely on evidence provided. 

Address Based Challenges

A voter can maintain residency if he or she is absent due to government service, school, in prison, or because he or she is registered at a non-traditional address such as a shelter, park, motor home or marina. If you don't know the voter's actual residential address, provide evidence that you've taken ALL steps below to verify his or her residential address is incorrect.

1. Registration of a person as a voter is presumptive evidence of his or her right to vote. A challenge to the person's right to vote must be based on personal knowledge of one of the following:
   1. The challenged voter has been convicted of a felony that includes serving a sentence of total confinement under jurisdiction of the department of corrections, or a felony conviction in another state's court or federal court and the voter is serving that sentence of total confinement and the person's voting rights have not been restored under RCW 29A.08.520;
   2. The challenged voter has been judicially declared ineligible to vote due to mental incompetency under RCW 29A.08.515;
   3. The challenged voter resides at a different address than the residential address provided, and is not subject to RCW 29A.04.151 or 29A.08.112, in which case the challenger must either:
      1. Provide the challenged voter's actual residence on the challenge form; or
      2. Submit evidence that he or she exercised due diligence to verify that the challenged voter does not reside at the address provided. The challenger must, at minimum, provide evidence that the challenger personally:
         1. Sent a letter with return service requested to the challenged voter's residential address provided, and to the challenged voter's mailing address, if provided;
         2. Searched local telephone directories, including online directories, to determine whether the voter maintains a telephone listing at any address in the county;
         3. Searched county auditor property records to determine whether the challenged voter owns any property in the county;
         4. Searched the statewide voter registration database to determine if the voter is registered at any other address in the state; and
         5. Searched the voter registration database of another state to determine if the voter is registered to vote in any other state;
2. The challenged voter will not be eighteen years of age by the next general election; or
3. The challenged voter is not a citizen of the United States.

Deadlines 

Challenges may be filed after 45 days before the election, only when the challenged voter registered to vote less than 60 days before the election, or changed residence less than 60 days before the election without updating the residence address of the voter's voter registration. A challenge may then be filed not later than 10 days before any primary or election, general or special, or within 10 days of the voter being added to the voter registration database, whichever is later. Challenges must be filed with the county auditor of the county in which the challenged voter is registered no later than 45 days before the election. The county auditor presides over the hearing.

Elections Calendar

Challenge Process

Upon receipt of a challenge form, the county elections department will:

1. The county auditor shall, within seventy-two hours of receipt, publish on the auditor's internet website the entire content of any voter challenge filed under chapter 29A.08 RCW. Immediately after publishing any voter challenge, the county auditor shall notify any person who requests to receive such notifications on an ongoing basis.
2. Review the form for completeness and factual basis;
3. Notify the challenged voter and interested parties of the challenge;
4. Post the challenge documents on the county elections department's website; and
5. Set a hearing time and date.
6. The information on the website may be removed 45 days following certification of an election. Information related to the challenge must be maintained by the county auditor for the appropriate retention period, and is subject to disclosure upon request.