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                                  HOUSE BILL 1596

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State of Washington              52nd Legislature             1991 Regular Session

 

By Representatives Anderson, McLean, R. Fisher and Pruitt; by request of Secretary of State.

 

Read first time February 4, 1991.  Referred to Committee on State Government.Concerning candidates filing fees.


     AN ACT Relating to filing fees for candidates; amending RCW 29.18.050 and 29.15.050; prescribing penalties; providing an effective date; and providing an expiration date.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     Sec. 1.  RCW 29.18.050 and 1987 c 295 s 2 are each amended to read as follows:

     A filing fee of one dollar shall accompany each declaration of candidacy for precinct committee officer; a filing fee of ten dollars shall accompany the declaration of candidacy for any office with an annual salary of one thousand dollars or less; a filing fee equal to one percent of the annual salary shall accompany the declaration of candidacy for any office with an annual salary of more than one thousand dollars per annum.

     A candidate who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit with his or her declaration of candidacy a nominating petition.  The petition shall contain not less than a number of signatures of registered voters equal to the number of dollars of the filing fee.  The signatures shall be of voters registered to vote within the jurisdiction of the office for which the candidate is filing.

     The candidate shall provide additional information supporting the claim that the candidate is without sufficient assets or income to pay the filing fee.  The secretary of state shall prescribe by rule the information to be submitted and the form to be used by the  candidate in supplying the information.  The candidate may submit the form at the time of filing or within five calendar days of filing.  If the candidate fails to submit the form the filing officer shall reject the filing.  If the form is incomplete the filing officer may either reject the filing or request additional information.

     Upon receipt of the form, the filing officer shall review the information submitted by the candidate.  If the filing officer determines, in his or her judgment, that the information supports the candidate's claim, the officer shall accept the filing as valid.  If the filing officer determines that the additional information does not support the claim, the filing officer shall immediately request payment of the filing fee.  If a candidate does not pay the filing fee within five calendar days of the issuance of the request, the filing officer shall reject the filing.

     When the candidacy is for:

     (1) A federal or state-wide office, the fee shall be paid to the secretary of state for deposit in the state treasury.

     (2) A legislative or judicial office that includes territory from more than one county, the fee shall be paid to the secretary of state for equal division between the treasuries of the counties comprising the district.

     (3) A county office or a legislative, judicial, or district office that includes territory from a single county, the fee shall be paid to the county auditor for deposit in the county treasury.

     (4) A city or town office, the fee shall be paid to the county auditor who shall transmit it to the city or town clerk for deposit in the city or town treasury.

 

     Sec. 2.  RCW 29.15.050 and 1990 c 59 s 85 are each amended to read as follows:

     A filing fee of one dollar shall accompany each declaration of candidacy for precinct committee officer; a filing fee of ten dollars shall accompany the declaration of candidacy for any office with a fixed annual salary of one thousand dollars or less; a filing fee equal to one percent of the annual salary of the office at the time of filing shall accompany the declaration of candidacy for any office with a fixed annual salary of more than one thousand dollars per annum.  No filing fee need accompany a declaration of candidacy for any office for which compensation is on a per diem or per meeting attended basis, nor for the filing of any declaration of candidacy by a write‑in candidate.

     A candidate who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit with his or her declaration of candidacy a nominating petition.  The petition shall contain not less than a number of signatures of registered voters equal to the number of dollars of the filing fee.  The signatures shall be of voters registered to vote within the jurisdiction of the office for which the candidate is filing.

     The candidate shall provide additional information supporting the claim that the candidate is without sufficient assets or income to pay the filing fee.  The secretary of state shall prescribe by rule the information to be submitted and the form to be used by the candidate in supplying the information.  The candidate may submit the form at the time of filing or within five calendar days of filing.  If the candidate fails to submit the form the filing officer shall reject the filing.  If the form is incomplete the filing officer may either reject the filing or request additional information.

     Upon receipt of the form, the filing officer shall review the information submitted by the candidate.  If the filing officer determines, in his or her judgment, that the information supports the candidate's claim, the officer shall accept the filing as valid.  If the filing officer determines that the additional information does not support the claim, the filing officer shall immediately request payment of the filing fee.  If a candidate does not pay the filing fee within five calendar days of the issuance of the request, the filing officer shall reject the filing.

     When the candidacy is for:

     (1) A legislative or judicial office that includes territory from more than one county, the fee shall be paid to the secretary of state for equal division between the treasuries of the counties comprising the district.

     (2) A city or town office, the fee shall be paid to the county auditor who shall transmit it to the city or town clerk for deposit in the city or town treasury.

 

     NEW SECTION.  Sec. 3.      Section 1 of this act shall expire July 1, 1992.

 

     NEW SECTION.  Sec. 4.      Section 2 of this act shall take effect July 1, 1992.