AN ACT Relating to elections; amending RCW 29.36.010, 29.36.075, 29.51.100, 29.51.170, 29.18.160, 29.51.110, 29.30.010, 29.30.081, 29.30.310, and 29.34.125; adding new sections to chapter 29.04 RCW; adding a new section to chapter 29.85 RCW; repealing RCW 29.51.090 and 29.54.180; and prescribing penalties.

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

Sec. 1. Section 29.36.010, chapter 9, Laws of 1965 as last amended by section 1, chapter 273, Laws of 1985 and RCW 29.36.010 are each amended to read as follows:

Any duly registered voter may vote an absentee ballot for any primary or election in the manner provided in this chapter.

(1) Except as provided in subsections (2) and (3) of this section and RCW 29.36.013, a registered voter desiring to cast an absentee ballot must apply in writing to his or her county auditor no earlier than forty-five days nor later than the day before any election or primary.

(2) An application honored for a primary ballot shall also be honored as an application for a ballot for the following general election if the voter so indicates on his or her application.

(3) A voter admitted to a hospital no earlier than five days before a primary or election and confined to the hospital on election day may apply by messenger for an absentee ballot on the day of the primary or election if a signed statement from the hospital administrator, or designee, verifying the voter's date of admission and status as a patient in the hospital on the day of the primary or election is attached to the absentee ballot application.

(4) Such applications must contain the voter's signature and may be made in person, by mail, or messenger. Application made by mail must be sent directly to the county auditor or to the secretary of state, who shall promptly forward such applications to the appropriate county. No person, organization, or association within the state may distribute absentee ballot applications containing any return address other than that of the county auditor. An application for an absentee ballot shall not be approved unless the voter's signature upon the application compares favorably with the voter's signature upon his or her registration record.

NEW SECTION. Sec. 2. A new section is added to chapter 29.04 RCW to read as follows:

(1) Every person who desires to be a write-in candidate and have such votes counted at a primary or election shall, if the jurisdiction of the office sought is entirely within one county, file a declaration of candidacy with the county auditor not later than the Tuesday immediately before the primary or election. If the jurisdiction of the office sought encompasses more than one county the declaration of candidacy must be filed with the secretary of state not later than the first Tuesday before the primary or election. No person may file as a write-in candidate where:

(a) At a general election, the person attempting to file either filed as a write-in candidate for the same office at the preceding primary or the person's name appeared on the ballot for the same office at the preceding primary;

(b) The person attempting to file as a write-in candidate has already filed a valid write-in declaration for that primary or election, unless one or the other of the two filings is for the office of precinct committeeperson;

(c) The name of the person attempting to file already appears on the ballot as a candidate for another office, unless one of the two offices for which he or she is a candidate is precinct committeeperson.

The declaration of candidacy shall be similar to that required by RCW 29.18.030 and shall be accompanied by either the appropriate filing fee or a supplemental nominating petition, as required by RCW 29.18.050.

(2) The provisions of subsection (1) of this section do not apply to any person who desires to be a write-in candidate for an office or nomination if a vacancy caused by the death or disqualification of a candidate or nominee for that office or nomination occurs: After the Tuesday before the primary or election; and before that primary or election.

NEW SECTION. Sec. 3. A new section is added to chapter 29.04 RCW to read as follows:

The secretary of state shall, not later than the Friday after the last day for filing of write-in declarations with his or her office, notify each county auditor of any such filings for offices appearing on the ballot in that county. The county auditor shall ensure that those persons charged with counting the ballots for a primary or election are notified of all valid write-in candidates before the tabulation of those ballots.

Sec. 4. Section 29.36.075, chapter 9, Laws of 1965 as amended by section 1, chapter 136, Laws of 1983 and RCW 29.36.075 are each amended to read as follows:

Canvassing boards of any primary or election, including a state primary or state general election, shall not tabulate or record votes cast by absentee ballots on any uncontested office except write-in votes for candidates for the office of precinct committeeperson((~~s. Write-in votes for uncontested precinct committeepersons' races shall be canvassed and included with the official vote count~~)) who have filed valid declarations of candidacy under section 2 of this 1986 act. "Uncontested office" means an office where only one candidate has filed a valid declaration of candidacy either during the regular filing period or as a write-in candidate under section 2(1) of this 1986 act. "Uncontested office" does not mean an office or nomination for which a person may be a write-in candidate under section 2(2) of this 1986 act.

Each voter casting an absentee ballot not counted as provided in this section, nevertheless, shall be credited with voting on his permanent voting history record. Further, such uncounted absentee ballots shall be retained for the same length of time and in the same manner as paper ballots cast in person as provided by RCW 29.54.070.

Sec. 5. Section 29.51.100, chapter 9, Laws of 1965 as amended by section 15, chapter 101, Laws of 1965 ex. sess. and RCW 29.51.100 are each amended to read as follows:

On receipt of his or her ballot in ((an)) a primary or a general or special election the ((~~elector~~)) voter shall forthwith and without leaving the polling place retire alone to one of the places, booths, or ((~~apartments~~)) compartments provided to prepare ((~~his~~)) and mark the ballot. ((~~Each elector shall prepare his ballot by marking a cross "X" after the name of every person or candidate for whom he wishes to vote.~~)) Ballots shall be voted in the manner appropriate for the type of system used.

((In case of a ballot containing a constitutional amendment or other question to be submitted to the vote of the people the voter shall mark a cross "X" after the question, for or against the amendment or proposition, as the case may be.)) Any ((~~elector~~)) voter may write ((~~in the blank spaces~~)) the name of any person for an office who has filed as a write-in candidate for the office in the manner provided by section 2(1) of this 1986 act, or who is exempted from filing by section 2(2) of this 1986 act, for whom he or she may wish to vote((: PROVIDED, That where a partisan office is concerned, the voter must not only write in the name of the candidate but also the party affiliation of such person pursuant to the provisions of RCW 29.51.170 as now or hereafter amended)).

Before leaving the booth or compartment the ((~~elector~~)) voter shall fold ((~~his~~)) the ballot or ballot card or place the ballot card in the envelope provided in such a manner that the number of the ballot ((~~shall~~)) appears on the outside ((~~thereof~~)) or projects beyond the covering page or envelope end, without displaying the marks on the face ((~~thereof, and deliver it~~)) of the ballot. The voter shall then return with the ballot to the inspector of election.

Sec. 6. Section 29.51.170, chapter 9, Laws of 1965 as last amended by section 1, chapter 121, Laws of 1973 1st ex. sess. and RCW 29.51.170 are each amended to read as follows:

For any office at any election or primary, any voter may write in on the ballot the name of any person ((~~for whom he desires to vote for any office~~)) who has filed as a write-in candidate for that office in the manner provided by section 2(1) of this 1986 act, or who is exempted from filing by section 2(2) of this 1986 act, and such vote shall be counted the same as if the name had been printed on the ballot and marked by the voter((: PROVIDED, That no write-in vote for a partisan office at a general election shall be valid for any person who has offered himself as a candidate for such position for the nomination at the preceding primary: PROVIDED, FURTHER, That when voting machines or voting devices and ballot cards are used, no write-in vote for any candidate for a partisan office at either a state primary election or state general election shall be valid unless a political party affiliation is also written by the voter after the candidate's name: AND PROVIDED FURTHER, That in the instance of a write-in candidate for a partisan office only those write-in votes constituting the greatest number of a single political party designation shall be valid for counting purposes when the canvassing authority certifies the official election returns. The same procedure must be followed when paper ballots are used for partisan offices at a state primary election. For such write-in voting, it shall not be necessary for a voter to write the full name of the political party concerned. Any abbreviation including the first letter of the political party name shall be acceptable as long as the precinct election officers can determine to their satisfaction the person voted for and the political party intended.

Any person who is nominated at any primary election as a write-in candidate for any public office but who has not previously paid the regular filing fee shall not have his name printed on the official ballot for the general election unless, within five days after the official canvass of the primary vote, he executes a declaration of candidacy and pays the same fee required by law to be paid by candidates for filing for the office for which he has been nominated)).

Sec. 7. Section 13, chapter 329, Laws of 1977 ex. sess. and RCW 29.18.160 are each amended to read as follows:

(1) A vacancy caused by the death or disqualification of any candidate or nominee of a major or minor political party may be filled at any time up to and including the day prior to the election for that position. For state partisan offices in any political subdivision voted on solely by electors of a single county, an individual shall be appointed to fill such vacancy by the county central committee in the case of a major political party or by the state central committee or comparable governing body in the case of a minor political party. For other partisan offices, including federal or state-wide offices, an individual shall be appointed to fill such vacancy by the state central committee or comparable governing body of the appropriate political party.

(2) Should such vacancy and appointment occur no later than the third Tuesday prior to the state primary or general election concerned and the ballots and voting machine labels have been printed, it shall be mandatory that they be corrected by the appropriate election officers. In making such correction, it shall not be necessary to reprint complete ballots if any other less expensive technique can be used and the resulting correction is reasonably clear.

(3) Should such vacancy and appointment occur after the third Tuesday prior to said state primary or general election, not later than the Tuesday before the primary or election, and time does not exist in which to correct ((~~paper~~)) ballots (including absentee ballots) or voting machine labels, ((~~either in total or in part, then the votes cast or recorded for the person who has died or become disqualified shall be counted for the person who has been named to fill such vacancy.~~)) the individual appointed to fill the vacancy shall file as a write-in candidate for the office or nomination in accordance with section 2(1) of this 1986 act. If the vacancy occurs after the Tuesday before the primary or election, the provisions of section 2(1) of this 1986 act do not apply to write-in candidates for that office or nomination.

Votes cast for the person who has died or become disqualified during the period described in subsection (1) of this section shall not be tabulated or recorded by the canvassing board.

(4) When the secretary of state is the person with whom the appointment by the major or minor political party is filed, he shall, in certifying candidates or nominations to the various county officers insert the name of the person appointed to fill a vacancy.

In the event that the secretary of state has already sent forth his certificate when the appointment to fill a vacancy is filed with him, he shall forthwith certify to the county auditors of the proper counties the name and place of residence of the person appointed to fill a vacancy, the office for which he is a candidate or nominee, the party he represents and all other pertinent facts pertaining to the vacancy.

Sec. 8. Section 29.51.110, chapter 9, Laws of 1965 as amended by section 43, chapter 202, Laws of 1971 ex. sess. and RCW 29.51.110 are each amended to read as follows:

Upon delivery of each ballot after being marked and folded by a voter, the inspector ((in an audible tone shall repeat the name of the voter and the number of the ballot. The election clerks having in charge the registration cards and poll books or precinct lists of registered voters, if they find that the number marked opposite the voter's name thereon corresponds with the number of the ballot handed to the inspector, shall mark the word "voted" or check a spot so designated opposite the name of such voter and one of the clerks shall call back in an audible tone the name of the voter and the number of his ballot. The inspector)) shall ((~~then~~)) separate the slip containing the number of the ballot from the ballot and shall deposit the ballot in the ballot box. ((~~The numbers removed from the ballots shall be destroyed immediately.~~)) The inspector shall, however, permit any voter expressing a desire to separate his or her own slip or to deposit his or her own ballot, or both, to do so. Any voter detaching or separating the number slip must return that slip to the inspector.

Sec. 9. Section 29.30.010, chapter 9, Laws of 1965 as amended by section 51, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.010 are each amended to read as follows:

Every primary paper ballot shall be uniform in color and size, shall be white and printed in black ink. Each ballot shall be identified at the top with the words, "Primary Election Ballot," and below that, the county in which the ballot is to be used, the date of the primary, and the instruction: "To vote for a person mark a cross in the first square at the right of the name of the person for whom you desire to vote. To vote for a person not on the ballot, write in the name of the candidate, and the party affiliation if for a partisan office, in the space provided." Beginning at the top of the left hand column, at the left of the line shall appear the name of the position for which the names following are candidates, and to the extreme right of the same line the words, "Vote for," then the words "One," "Two," or a spelled number designating how many persons under that head are to be voted for. Below this shall come the names of all candidates for that position, each followed by the name of the political party, if any, with which the candidate desires to affiliate or the word "nonpartisan", with a square to the right. Each position with the names running for that office, shall be separated from the following one by a bold line. All primary paper ballots shall be sequentially numbered, but done in such a way to permit removal of such numbers ((~~by precinct election workers~~)) without revealing the identity of any individual voter. There shall be no printing upon the back of the ballots nor any mark thereon to distinguish them.

Sec. 10. Section 60, chapter 361, Laws of 1977 ex. sess. as amended by section 1, chapter 121, Laws of 1982 and RCW 29.30.081 are each amended to read as follows:

(1) On the top of each general election paper ballot there shall be printed instructions directing the voters how to mark the ballot, including write-in votes. Next after the instructions and before the offices shall be placed the questions of adopting constitutional amendments or any other state measure authorized by law to be submitted to the voters of such election.

(2) The candidate or candidates of the major political party which received the highest number of votes from the electors of this state for the office of president of the United States at the last presidential election shall appear first below the office heading, the candidate or candidates of the other major political parties shall follow according to the votes cast for their nominees for president at the last presidential election, and the candidate or candidates of all other parties shall follow in the order of their qualification with the secretary of state. The candidates for nonpartisan offices shall be listed in the manner otherwise provided by law. There shall be blank spaces for writing in the name of any candidate, if desired, on the ballot.

(3) There shall be a ¨ at the right of the name of each nominee so that a voter may clearly indicate the candidate or the candidates for whom he wishes to cast his ballot.

(4) Under the designation of the office there shall be indicated the number of candidates to such office to be voted for at such election.

(5) If the election is in a year in which a president of the United States is to be elected, the names of candidates for president and vice president for each political party shall be grouped together, each group enclosed in brackets with a single square to the right in which the voter indicates his choice.

(6) All paper ballots for general elections shall be sequentially numbered, but done in such a way to permit removal of such numbers ((~~by precinct election workers~~)) without leaving any identifying marks on the ballot. There shall be no printing on the back of the paper ballots nor any mark thereon to distinguish them.

Sec. 11. Section 33, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.310 are each amended to read as follows:

All ballot pages for primary, general, or special elections in counties using voting devices shall be uniform in color and size, shall be white, and shall be printed in black ink. The first page shall be identified at the top with the name of the election, the county in which the ballot page is to be used, and the date of the election. On the front of the first ballot page or prominently displayed on each voting device to be used at a primary, general, or special election, there shall be printed instructions directing the voters how to properly record a vote for any candidate and for or against any measure. Beginning at the top of the left hand column, at the left of the line shall appear the name of the position for which the names to the immediate right are candidates, and below the name of the office or position the words, "Vote for", then the words "One", "Two", or a spelled number designating how many persons under that head are to be voted for. Immediately to the right of the name of the office or position shall come the names of all candidates for that position, each followed by the name of the political party, if any, with which the candidate desires to affiliate or the word "nonpartisan", with an arrow or other notation at the right edge of the ballot page indicating where the voter is to punch or otherwise mark his ballot for that candidate. Each position with the names running for that office, shall be separated from the following one by a bold line. All ballot cards for primary elections shall be sequentially numbered, but done in such a way to permit removal of such numbers ((~~by precinct election workers~~)) without leaving any identifying marks on the ballot. There shall be no marks on the ballot cards which would distinguish an individual voter's ballot card from other ballot cards in the same precinct.

Sec. 12. Section 67, chapter 361, Laws of 1977 ex. sess. and RCW 29.34.125 are each amended to read as follows:

(1) On the front of the first ballot page or prominently displayed on each voting device to be used at a general election, there shall be printed instructions directing the voters how to properly record a vote for any candidate and for or against any measure, including write-in votes. After the instructions and before the offices shall be placed the questions of adopting constitutional amendments or any other state measure authorized by law to be submitted to the voters of such election.

(2) All nominations of any party or group of petitioners shall be indicated by the title of such party or petitioners as designated by them in their certificate of nomination or petition, following the name of such candidate, and the name of each nominee shall be placed beside the designation of the office for which he has been nominated.

(3) There shall be an arrow or other notation at the right edge of the ballot page opposite the name of each candidate indicating where the voter is to punch or otherwise mark his ballot card for that candidate.

(4) Under the designation of the office, if more than one candidate is to be voted for there shall be indicated the number of candidates to such office to be voted for at such election.

(5) If the election is in a year in which a president of the United States is to be elected, in spaces separated from the balance of the party tickets by a heavy black line, shall be the names and spaces for voting for candidates for president and vice president. The names of candidates for president and vice president for each political party shall be grouped together, each group enclosed in brackets with a single arrow or other notation to the right.

(6) All ballot cards for general elections shall be sequentially numbered, but done in such a way to permit removal of such numbers ((~~by precinct election workers~~)) without leaving any identifying marks on the ballot. There shall be no printing on the back of the ballot cards nor any mark thereon to distinguish an individual voter's ballot card from other ballot cards from the same precinct.

NEW SECTION. Sec. 13. A new section is added to chapter 29.85 RCW to read as follows:

Official election materials produced at public expense shall not be altered and subsequently used in political campaigns as to favor an individual candidate or candidates or a ballot proposition. This section does not apply to the use of any reproduction of such official election materials if (1) the reproduction is not produced at public expense and (2) the reproduction does not bear any language or device indicating that it or the original from which it is made is an official publication of any jurisdiction of the state. Any person who violates this section is guilty of a misdemeanor.

NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:

(1) Section 29.51.090, chapter 9, Laws of 1965 and RCW 29.51.090; and

(2) Section 95, chapter 361, Laws of 1977 ex. sess. and RCW 29.54.180.

NEW SECTION. Sec. 15. 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.