SENATE BILL REPORT

SB 5271

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 3, 2009

Title: An act relating to candidate filing.

Brief Description: Modifying provisions relating to candidate filing.

Sponsors: Senators Oemig, McDermott and Swecker; by request of Secretary of State.

Committee Activity: Government Operations & Elections: 2/03/09.

SENATE COMMITTEE ON GOVERNMENT OPERATIONS & ELECTIONS

Staff: Aaron Gutierrez (786-7448)

Background: Declarations of candidacy for federal offices and offices representing the entire state (such as Governor) must be filed with the Secretary of State (SOS).

Declarations of candidacy for the State Legislature, the court of appeals, and the superior court must be filed with the SOS if the office is in a district comprised of more than one county. If the district is comprised of voters from only one county, the declarations may be filed with either the SOS or the county auditor.

Candidates for any office with a fixed salary over $1,000 per year must pay a filing fee equal to 1 percent of the annual salary of that position, or submit a filing fee petition. A candidate for any office with an annual salary below $1,000 must pay a fee of $10. The filing fee for the office of precinct committee officer is $1.

Summary of Bill: Declarations of candidacy for the State Legislature, the court of appeals, or the superior court must be filed with the county auditor if the candidate is in a district comprised of voters from a single county. The SOS only accepts declarations of candidacy for candidates in districts with voters from more than one county.

The filing fee for the office of precinct committee officer is eliminated.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This would bring back an historical practice, and eliminate an ambiguity. For the last three years, some candidates have had the option of filing in more than one place. As such, there was no single complete list for some time.

Persons Testifying: PRO: Senator Oemig, prime sponsor; Katie Blinn, Office of the Secretary of State.