[atlas:bill]

AN ACT Relating to nomination of partisan candidates; amending RCW 29.18.010, 29.24.010, 29.24.025, 29.24.040, 29.24.070, and 29.30.085; reenacting and amending RCW 29.24.035; adding a new section to chapter 29.18 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 29.18 RCW to read as follows:

Unless each major political party submits a request to the secretary of state by June 1st that asks for the party's nominees to be nominated at the primary election, binds the party to the results of a blanket primary, and waives the party's First Amendment rights of association for that election cycle, the primary will not be held and all candidates will advance to the general election based upon party nominations decided at a convention.

Sec. 2. RCW 29.18.010 and 1990 c 59 s 78 are each amended to read as follows:

In accordance with section 1 of this act, candidates for the following offices shall be either nominated at party conventions or at partisan primaries held pursuant to the provisions of this chapter:

(1) Congressional offices;

(2) All state offices except (a) judicial offices and (b) the office of superintendent of public instruction;

(3) All county offices except (a) judicial offices and (b) those offices where a county home rule charter provides otherwise.

Sec. 3. RCW 29.24.010 and 1977 ex.s. c 329 s 1 are each amended to read as follows:

A "convention" for the purposes of this chapter, is an organized assemblage of registered voters representing an independent candidate or candidates or a ((~~new or minor~~)) political party, organization, or principle. As used in this chapter, the term "election jurisdiction" shall mean the state or any political subdivision or jurisdiction of the state from which partisan officials are elected. This term shall include county commissioner districts or council districts for members of a county legislative authority, counties for county officials who are nominated and elected on a county-wide basis, legislative districts for members of the legislature, congressional districts for members of congress, and the state for president and vice president, members of the United States senate, and state officials who are elected on a statewide basis.

Sec. 4. RCW 29.24.025 and 1989 c 215 s 1 are each amended to read as follows:

Each ((~~minor~~)) political party or independent candidate must publish a notice in a newspaper of general circulation within the county in which the party or the candidate intends to hold a convention. The notice must appear at least ten days before the convention is to be held, and shall state the date, time, and place of the convention. Additionally, it shall include the mailing address of the person or organization sponsoring the convention.

Sec. 5. RCW 29.24.035 and 2001 c 64 s 1 and 2001 c 30 s 3 are each reenacted and amended to read as follows:

A nominating petition submitted under this chapter shall clearly identify the name of the ((~~minor~~)) political party or independent candidate convention as it appears on the certificate of nomination as required by RCW 29.24.040(3). The petition shall also contain a statement that the person signing the petition is a registered voter of the state of Washington and shall have a space for the voter to sign his or her name and to print his or her name and address. No person may sign more than one nominating petition under this chapter for an office for a primary or election.

Sec. 6. RCW 29.24.040 and 1989 c 215 s 4 are each amended to read as follows:

A certificate evidencing nominations made at a convention must:

(1) Be in writing;

(2) Contain the name of each person nominated, his residence, and the office for which he is named, and if the nomination is for the offices of president and vice president of the United States, a sworn statement from both nominees giving their consent to the nomination;

(3) Identify the ((~~minor~~)) political party or the independent candidate on whose behalf the convention was held;

(4) Be verified by the oath of the presiding officer and secretary;

(5) Be accompanied by a nominating petition or petitions bearing the signatures and addresses of registered voters equal in number to that required by RCW 29.24.030;

(6) Contain proof of publication of the notice of calling the convention; and

(7) Be submitted to the appropriate filing officer not later than one week following the adjournment of the convention at which the nominations were made. If the nominations are made only for offices whose jurisdiction is entirely within one county, the certificate and nominating petitions must be filed with the county auditor. If a ((~~minor~~)) political party or independent candidate convention nominates any candidates for offices whose jurisdiction encompasses more than one county, all nominating petitions and the convention certificates must be filed with the secretary of state.

Sec. 7. RCW 29.24.070 and 1990 c 59 s 103 are each amended to read as follows:

Not later than the Friday immediately preceding the first day for candidates to file, the secretary of state shall notify the county auditors of the names and designations of all ((~~minor~~)) political party and independent candidates who have filed valid convention certificates and nominating petitions with that office. Except for the offices of president and vice president, persons nominated under this chapter shall file declarations of candidacy as provided by RCW 29.15.010 and 29.15.030. The name of a candidate nominated at a convention shall not be printed upon the primary ballot unless ((he)) the candidate pays the fee required by law to be paid by candidates for the same office to be nominated at a primary.

Sec. 8. RCW 29.30.085 and 1992 c 181 s 2 are each amended to read as follows:

(1) Except as provided in RCW 29.30.086, section 1 of this act, and in subsection (2) of this section, on the ballot at the general election for a nonpartisan office for which a primary was held, only the names of the candidate who received the greatest number of votes and the candidate who received the next greatest number of votes for that office shall appear under the title of that office, and the names shall appear in that order. If a primary was conducted, no candidate's name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast for that office at the preceding primary. On the ballot at the general election for any other nonpartisan office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW 29.30.025.

(2) On the ballot at the general election for the office of justice of the supreme court, judge of the court of appeals, judge of the superior court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that office or position, only the name of that candidate may be printed under the title of the office for that position.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.