H-3136              _______________________________________________

 

                                                   HOUSE BILL NO. 1349

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Representatives Fisher and P. King

 

 

Prefiled with Chief Clerk 1/8/86.  Read first time 1/13/86 and referred to Committee on Constitution, Elections & Ethics.

 

 


AN Act Relating to elections; amending RCW 29.04.040, 29.13.020, 29.18.025, 29.21.060, 28A.57.322, 35.23.190, 35.24.080, 35.27.120, 35A.12.080, 35A.29.110, 52.14.070, 54.12.100, 68.16.180, 29.07.070, 29.07.220, 29.10.020, 29.51.060, and 29.07.065; adding new sections to chapter 29.07 RCW; adding a new section to chapter 29.13 RCW; repealing RCW 29.07.150; and providing an effective date.

 

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

 

        Sec. 1.  Section 3, chapter 107, Laws of 1980 and RCW 29.04.040 are each amended to read as follows:

          (1) No paper ballot precinct ((shall)) may contain more than three hundred voters.  The county legislative authority may divide, alter, or combine precincts so that, whenever practicable, over-populated precincts shall contain no more than two hundred fifty registered voters in anticipation of future growth.

          (2) Precinct boundaries may be altered at any time as long as sufficient time exists prior to a given election for the necessary procedural steps to be honored((:  PROVIDED, HOWEVER, That)).  Except as permitted under subsection (5) of this section, no precinct boundaries ((shall)) may be changed during the period starting ((as of)) on the thirtieth day prior to the first day for candidates to file for the primary election and ending with the day of the general election.

          (3) Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred registered voters((:  PROVIDED, That)), but there shall be at least one voting machine or device for each three hundred registered voters or major fraction thereof when a state primary or general election is held in an even-numbered year.

          (4) On petition of twenty-five or more voters resident more than ten miles from any place of election, the county legislative authority shall establish a separate voting precinct therefor.

          (5) The county auditor shall temporarily adjust precinct boundaries when a city annexes county territory to the city.  The adjustment shall be made as soon as possible after the approval of the annexation.  The temporary adjustment shall be limited to the minimum changes necessary to accommodate the addition of the territory to the city and shall remain in effect only until precinct boundary modifications reflecting the annexation are adopted by the county legislative authority.

          The county legislative authority may establish by ordinance a limitation on the maximum number of registered voters in each precinct within its jurisdiction.  The limitation may be different for precincts based upon the method of voting used for such precincts and the number may be less than the number established by law, but in no case may the number exceed that authorized by law.

          If such a limitation is established by a county legislative authority, no precinct within the jurisdiction of the county may contain more registered voters than authorized in such an ordinance.

          The  county legislative authority of each county in the state hereafter formed shall, at their first session, divide their respective counties into election precincts with two hundred fifty voters or less and establish the boundaries of the ((same;)) precincts.  The county auditor shall thereupon designate the voting place for each such precinct.

 

        Sec. 2.  Section 29.13.020, chapter 9, Laws of 1965 as last amended by section 2, chapter 3, Laws of 1980 and RCW 29.13.020 are each amended to read as follows:

          (1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years.

          This section shall not apply to:

          (((1))) (a) Elections for the recall of any elective public officer((.));

          (((2))) (b) Public utility districts((,)) or district elections ((whereat)) at which the ownership of property within ((said)) those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto((.));

          (((3))) (c) Consolidation proposals as provided for in RCW 28A.57.180 and nonhigh capital fund aid proposals as provided for in chapter 28A.56 RCW.

          (2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to him at least forty-five days prior to the proposed election date, may, if he deems an emergency to exist, call a special election in such city, town, or district, and for the purpose of such special election he may combine, unite, or divide precincts.  A special election called by such governing body shall be held on one of the following dates as decided by the governing body:

          (a) The first Tuesday after the first Monday in February;

          (b) The second Tuesday in March, except that if a state-wide political party caucus by a major political party is scheduled on the second Tuesday, then a special election may not be held on such date but may be held on the third Tuesday in March((:  PROVIDED HOWEVER, That in any county holding an election on the second Tuesday in March of 1980 pursuant to a home-rule charter adopted under Article XI, section 4 of the state Constitution, any city, town, or district where any portion of the registered voters of that city, town, or district reside within that charter county may hold special elections on the second Tuesday in March of 1980));

          (c) The first Tuesday after the first Monday in April;

          (d) The third Tuesday in May;

          (e) The day of the primary election as specified by RCW 29.13.070; or

          (f) The first Tuesday after the first Monday in November.

          In addition to (a) through (f) above, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from failure of a school or junior taxing district to pass a special levy or bond issue for the first time or from fire, flood, earthquake, or other act of God, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in (e) and (f) of this subsection.  Such special election shall be conducted and notice thereof given in the manner provided by law.

          This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 29.13 RCW to read as follows:

          For any reimbursement of election costs under RCW 29.13.047, the secretary of state shall pay interest at an annual rate equal to two percentage points in excess of the discount rate on ninety-day commercial paper in effect at the federal reserve bank in San Francisco on the fifteenth day of the month immediately preceding the payment for any period of time in excess of thirty days after the receipt of a properly executed and documented voucher for such expenses and the entry of an allotment from specifically appropriated funds for this purpose under RCW 43.88.111.  The secretary of state shall promptly notify any county that submits an incomplete or inaccurate voucher for reimbursement under RCW 29.13.047.

 

        Sec. 4.  Section 2, chapter 142, Laws of 1984 and RCW 29.18.025 are each amended to read as follows:

          Except where otherwise provided by state law, declarations of candidacy for the following offices shall be filed during regular business hours with the secretary of state or the county auditor no earlier than the ((last)) fourth Monday in July and no later than the following Friday in the year in which the office is scheduled to be voted upon:

          (1)  Offices that are scheduled to be voted upon for full terms or both full terms and short terms at, or in conjunction with, a state general election; and

          (2)  Offices where a vacancy, other than a short term, exists that has not been filled by election and for which an election to fill the vacancy is required in conjunction with the next state general election.

 

        Sec. 5.  Section 29.21.060, chapter 9, Laws of 1965 as last amended by section 31, chapter 361, Laws of 1977 ex. sess. and RCW 29.21.060 are each amended to read as follows:

          All candidates for offices to be voted on at any election in first, second, and third class cities and fourth class municipalities (towns) shall file declarations of candidacy with the county auditor not earlier than the ((last)) fourth Monday of July nor later than the next succeeding Friday in the year such regular city elections are held.

          All candidates for district offices subject to the provisions of RCW 29.21.010((, as now or hereafter amended,)) shall file their declarations of candidacy with the county auditor of the county not earlier than the ((last)) fourth Monday of July nor later than the next succeeding Friday in the year such regular district elections are held:  PROVIDED, That this chapter shall not change the method of nomination for first district officers at the formation of any district.

          Any candidate for city, town, or district offices may withdraw his declaration at any time ((to and including the first Wednesday after)) before the Friday following the last day allowed for filing declarations of candidacy.

          All candidates required to file declarations of candidacy shall pay the same fees and be governed by the same rules as contained in RCW 29.18.030 through 29.18.100((:  PROVIDED, That)), but no filing fee ((shall)) may be charged ((in the event that)) if the office sought is without a fixed annual salary.

          This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for filing declarations of candidacy for such city, town, and district elections, the purpose of this section being to establish a uniform five-day period throughout the state of Washington for filing declarations of candidacy.

 

        Sec. 6.  Section 28A.57.322, chapter 223, Laws of 1969 ex. sess. and RCW 28A.57.322 are each amended to read as follows:

          Every person elected or appointed to the office of school director, before entering upon the discharge of the duties thereof, shall take an oath or affirmation to support the Constitution of the United States and the state of Washington and to faithfully discharge the duties of his office according to the best of his ability.  In case any official has a written appointment or commission, his oath or affirmation shall be endorsed thereon and sworn to before any officer authorized to administer oaths.  School officials are hereby authorized to administer all oaths or affirmations pertaining to their respective offices without charge or fee.  All oaths of office, when properly made, shall be filed with the ((officer with whom declarations of candidacy for such positions are filed)) county auditor.

 

        Sec. 7.  Section 35.23.190, chapter 7, Laws of 1965 and RCW 35.23.190 are each amended to read as follows:

          Before entering upon his duties and within ten days after receiving notice of his election or appointment every officer of the city shall qualify by taking the oath of office and by filing such bond duly approved as may be required of him.  The oath of office shall be filed with the county auditor.  If no notice of election or appointment was received, the officer must qualify on or before the date fixed for the assumption by him of the duties of the office to which he was elected or appointed.  The city council shall fix the amount of all official bonds and may designate what officers shall be required to give bonds in addition to those required to do so by statute.

          The clerk, treasurer, city attorney, chief of police, police judge and street commissioner shall each execute an official bond in such penal sum as the city council by ordinance may determine, conditioned for the faithful performance of their duties, including in the same bond the duties of all offices of which he is the ex officio incumbent.

          All official bonds shall be approved by the city council and when so approved shall be filed with the city clerk except the city clerk's which shall be filed with the mayor.  No city officer shall be eligible as a surety upon any bond running to the city as obligee.

          The city council may require a new or additional bond of any officer whenever it deems it expedient.

 

        Sec. 8.  Section 35.24.080, chapter 7, Laws of 1965 and RCW 35.24.080 are each amended to read as follows:

          In a city of the third class, the treasurer, city attorney, clerk, police judge, chief of police, and such other officers as the council may require shall each, before entering upon the duties of his office, take an oath of office and execute and file with the clerk an official bond in such penal sum as the council shall determine, conditioned for the faithful performance of his duties and otherwise conditioned as may be provided by ordinance.  The oath of office shall be filed with the county auditor.

 

        Sec. 9.  Section 35.27.120, chapter 7, Laws of 1965 and RCW 35.27.120 are each amended to read as follows:

          Every officer of a town before entering upon the duties of his office shall take and file with the ((town clerk)) county auditor his oath of office.  The clerk, treasurer, and marshal before entering upon their respective duties shall also each execute a bond approved by the council in such penal sum as the council by ordinance may determine, conditioned for the faithful performance of his duties including in the same bond the duties of all offices of which he is made ex officio incumbent.

          All bonds, when approved, shall be filed with the town clerk, except the bonds of the clerk which shall be filed with the mayor.

 

        Sec. 10.  Section 35A.12.080, chapter 119, Laws of 1967 ex. sess. and RCW 35A.12.080 are each amended to read as follows:

          Any officer before entering upon the performance of his duties may be required to take an oath or affirmation as prescribed by charter or by ordinance for the faithful performance of his duties.  The oath or affirmation shall be filed with the county auditor.  The clerk, treasurer, if any, chief of police, and such other officers or employees as may be designated by ordinance or by charter shall be required to furnish annually an official bond conditioned on the honest and faithful performance of their official duties.  The terms and penalty of official bonds and the surety therefor shall be prescribed by ordinance or charter and the bond shall be approved by the chief administrative officer of the city.  The premiums on such bonds shall be paid by the city.  When the furnishing of an official bond is required of an officer or employee, compliance with such provisions shall be an essential part of qualification for office.

 

        Sec. 11.  Section 35A.29.110, chapter 119, Laws of 1967 ex. sess. as last amended by section 30, chapter 18, Laws of 1979 ex. sess. and RCW 35A.29.110 are each amended to read as follows:

          A candidate for office in a code city shall file a declaration of candidacy substantially in the form set forth in RCW 29.18.030 insofar as such form is applicable to nonpartisan offices.  Declarations of candidacy for offices of code cities to be voted upon at any municipal general election shall be filed with the county auditor not earlier than the ((last)) fourth Monday of July nor later than the next succeeding Friday in the year such general election is to be held((:  PROVIDED, That)).  However, if the first election of all officers upon reorganization as a noncharter code city under a plan of government newly adopted in the manner provided in RCW 35A.02.020, 35A.02.030, 35A.02.080, or 35A.06.030((, as now or hereafter amended,)) is an election as provided in RCW 35A.02.050 ((as now or hereafter amended)), such declarations of candidacy shall be filed with the county auditor not more than fifty nor less than forty-six days prior to the primary election provided for in RCW 35A.02.050 ((as amended)).  Any candidate may withdraw his declaration at any time ((but not later than five days after)) before the Friday following the last day allowed for filing declarations of candidacy.  Nominating petitions for charter commissioners and for any other office for which nominating petitions may be required shall be filed with the county auditor not more than sixty nor less than forty-six days prior to the date of the election, and may be withdrawn at any time, but not later than five days after the last day allowed for filing such petitions.

 

        Sec. 12.  Section 29, chapter 34, Laws of 1939 as amended by section 34, chapter 230, Laws of 1984 and RCW 52.14.070 are each amended to read as follows:

          Before beginning the duties of office, each fire commissioner shall take and subscribe the official oath for the faithful discharge of the duties of office as required by RCW 29.01.135, which oath shall be filed in the office of the ((clerk of the superior court in)) auditor of the county in which the district is situated.

 

        Sec. 13.  Section 10, chapter 265, Laws of 1959 and RCW 54.12.100 are each amended to read as follows:

          Each commissioner before he enters upon the duties of his office shall take and subscribe an oath or affirmation that he will faithfully and impartially discharge the duties of his office to the best of his ability.  This oath, or affirmation, shall be administered and certified by an officer of the county in which the district is situated, who is authorized to administer oaths, without charge therefor.  The oath or affirmation shall be filed with the county auditor.

 

        Sec. 14.  Section 18, chapter 6, Laws of 1947 and RCW 68.16.180 are each amended to read as follows:

          Each cemetery commissioner, before assuming the duties of his office, shall take and subscribe an official oath to faithfully discharge the duties of his office, which oath shall be filed in the office of the county ((clerk)) auditor.

 

        Sec. 15.  Section 29.07.070, chapter 9, Laws of 1965 as last amended by section 3, chapter 21, Laws of 1973 1st ex. sess. and RCW 29.07.070 are each amended to read as follows:

          ((The registration officer shall interrogate the)) An applicant for voter registration((,)) shall provide the following information concerning his or her qualifications as a voter of the state, ((and of the)) county, city, town, and precinct in which he ((applies for registration, requiring him to state)) or she resides:

          (1) The  ((previous)) address of ((the)) his or her last ((former)) registration ((of the applicant)) as a voter in ((the)) this state, if applicable;

          (2) His or her full name;

          (3) His or her date of birth; and

          (4) His or her place of residence, giving the street and number, if any, or the post office ((or rural mail route address;

          (5) Whether he is a citizen of the United States.)) box designation and a physical description sufficient to determine the location of the applicant's residence;

          (5) Place of birth (city and state or equivalent).

          The applicant may, at his or her option, designate a political party or independent preference.  The applicant may also be asked to provide the registration officer with a telephone number where he or she may be reached to verify or complete information on the voter registration record.  The form shall clearly state that the political party or independent designation and telephone number are optional and are not requirements for registration.

          The answers of the applicant to all such questions shall be ((inserted)) recorded on a ((single)) voter registration form ((to be)) prescribed and furnished by the secretary of state under RCW 29.07.240.  Any designation of a political party or independent preference under this section shall be maintained on the computer file of registered voters under RCW 29.07.220.

 

        Sec. 16.  Section 12, chapter 127, Laws of 1974 ex. sess. and RCW 29.07.220 are each amended to read as follows:

          Each county auditor shall ((establish, on or before July 1, 1975, and)) maintain a computer file of all registered voters within that county on magnetic tape ((or)), disk, ((punched cards,)) or other computer-readable form of data storage ((containing the records of all registered voters within the county:  PROVIDED, That an auditor in a county with more than one hundred fifty thousand registered voters may decline to comply with the provisions of all or none of RCW 29.04.055, 29.07.160, 29.07.220, 29.07.230, and 29.07.240)).  Where it is necessary or advisable, the auditor may provide for the ((establishment and)) maintenance of such files by private contract or through interlocal agreement ((as provided by)) under chapter 39.34 RCW((, as it now exists or is hereafter amended)).  The computer file shall include, but not be limited to, each voter's full name, residence address, date of birth, sex, date of registration, political party designation, if any, and applicable taxing district and precinct codes ((and the last date on which the individual voted)).  The county auditor shall subsequently record each consecutive date upon which the individual ((has voted)) votes and shall retain at least the last five such ((consecutive)) dates((:  PROVIDED, That if the voter has not voted at least five times since establishing his current registration record, only the available dates shall be included)).

 

        Sec. 17.  Section 29.10.020, chapter 9, Laws of 1965 as last amended by section 2, chapter 184, Laws of 1975 1st ex. sess. and RCW 29.10.020 are each amended to read as follows:

          Any registered voter who changes his or her residence from one address to another within the same county((,)) shall ((have his registration transferred to his new address by sending)) send or deliver to the county auditor a signed request stating ((his present)) the address ((and precinct,)) of his or her new residence and the address ((and precinct from)) at which he or she was last registered((, or by appearing in person before him to have his registration transferred, and signing such request, or in the manner provided by)) or shall notify the county auditor of the new address under RCW 29.10.160((, as now or hereafter amended)).  The voter may, at his or her option, designate or change a political party or independent preference at the time he or she transfers to a new residence.  The forms provided for transferring a voter registration shall contain a space for this party designation and notice to the voter that the political party or independent designation is optional.

 

        Sec. 18.  Section 29.51.060, chapter 9, Laws of 1965 as last amended by section 41, chapter 202, Laws of 1971 ex. sess. and RCW 29.51.060 are each amended to read as follows:

          If any person appears and offers or demands the right to vote at any primary or election, as a registered voter in the precinct where the primary or election is held, the election officers shall require ((him)) the voter to sign ((his name and current address)) the precinct list of registered voters.  The signature shall attest,  subject to penalties of perjury ((in one of the official poll books or in a space provided on one of the precinct lists of registered voters, which shall be designated the county auditor's copy:  PROVIDED, That)), to a declaration printed at the top of each page of the precinct list of registered voters that the voter is qualified to vote at that primary or election.  If the voter's current address is different from the address on the precinct list of registered voters, the voter shall also designate the current address.  If the person registered using a cross or mark((,)) and ((being)) was identified by the signature of some other person, the election officers must require the person offering to vote to be identified by the person who so signed((,)) or by ((a)) another registered voter of the precinct.  Unless the identifying witness is personally known to the election officers((,)) or to some of them, they may require the identifying witness to sign his name in the presence of the election officers for the purpose of identification.

          The precinct list of registered voters shall include, for each voter in that precinct who has designated such a preference,  a record of the most current information optionally provided by the voter regarding political party or independent preference.  The voter may, at his or her option, record a political party or independent preference in a space provided on the precinct list of registered voters or change a preference previously designated.  The precinct list of registered voters shall clearly state that the party designation is optional and not a requirement for voting.

          As soon as it is determined that the person is qualified to vote, one of the precinct election officers shall copy the voter's name ((and address)) on the corresponding line in a second ((poll book or)) precinct list of registered voters, which shall be ((identified as)) retained by the ((inspector's copy)) inspector for six months following the election or primary.

 

          NEW SECTION.  Sec. 19.  A new section is added to chapter 29.07 RCW to read as follows:

          Except as provided under section 22 of this act, not later than July 1, 1987, each county auditor shall modify or redesign his or her automated voter registration system to incorporate the information and procedures required in RCW 29.07.070, 29.07.220, 29.10.020, 29.51.060, sections 20, 21, and 22 of this act, and this section in a manner consistent with the provisions thereof.

 

          NEW SECTION.  Sec. 20.  A new section is added to chapter 29.07 RCW to  read as follows:

          Except as provided under section 22 of this act, each county auditor shall, not later than July 1, 1988, complete the testing and installation of the new or modified automated voter registration system and the incorporation of the optional political party preference information collected under RCW 29.07.070, 29.10.020, and 29.51.060 for any voter who is currently registered at the time of the conversion to the new or modified system.

 

          NEW SECTION.  Sec. 21.  A new section is added to chapter 29.07 RCW to read as follows:

          After each primary, special election, and general election, the county auditor shall update the optional party preference information on the voter registration record of any voter who supplies a new or different party preference on the precinct list of registered voters at that primary or election.

 

          NEW SECTION.  Sec. 22.  A new section is added to chapter 29.07 RCW to read as follows:

          By July 1, 1986, each county legislative authority shall determine if the county's existing automated registration system has the capacity to include party preference information in the voter registration records of that county or if the county has the resources to modify the system so as to accommodate these changes.

          If the county legislative authority determines that the county's registration system does not have such a capacity and that the authority does not have the resources to modify the system, sections 19 and 20 of this act shall not apply, on or after the effective date of those sections, to that county.  A county legislative authority operating under the exemption in this section shall review the determination again by March 1, 1988, and at least every two years thereafter.

 

          NEW SECTION.  Sec. 23.  A new section is added to chapter 29.07 RCW to read as follows:

          The county auditor shall have custody of the voter registration records for each county and shall maintain those records in accordance with this section.

          (1) The original voter registration form, as established by RCW 29.07.070, shall be filed alphabetically without regard to precinct and shall not be available for public inspection and copying.

          (2) An automated file of all registered voters shall be maintained pursuant to RCW 29.07.220, which shall be the source of the precinct lists of registered voters used at the polls on election day.  Lists of registered voters produced from the automated file are public records and are thus available for inspection and copying.  Information on any individual voter is exempt from public inspection and copying whenever, in the opinion of the county auditor, the release of such information would result in an unreasonable invasion of personal privacy.  If a person is denied public inspection and copying of the automated file, the justification for the denial shall be explained fully in writing.

 

          NEW SECTION.  Sec. 24.  Section 29.07.150, chapter 9, Laws of 1965, section 19, chapter 202, Laws of 1971 ex. sess. and RCW 29.07.150 are each repealed.  

 

 

        Sec. 25.  Section 2, chapter 21, Laws of 1973 1st ex. sess. and RCW 29.07.065 are each amended to read as follows:

          In addition to other information required by this chapter, each applicant for registration shall establish his identity, unless personally known by the registration officer, by producing at least one of the following items:

          (1) A social security card containing the applicant's signature.  Whenever the social security record is so used, the registration officer shall enter the applicant's social security number upon the appropriate registration forms;

          (2) A driver's license which contains the signature and/or a photograph of the applicant;

          (3) A valid Washington state identicard;

          (4) A nationally or regionally known credit card containing the signature and/or photograph of the applicant;

          (5) An identification card issued by the United States, any state or any agency of either, of a kind commonly used to identify the members or employees of such government agencies (including military I.D. cards), and which contain the signature and/or the photograph of the applicant.

          In addition, whenever the registration officer has a doubt as to whether the applicant is of legal voting age, such officer ((may)) shall require the applicant to produce a record ((which)) that establishes the applicant's date of birth.

          Failure to produce such identification except when necessary to establish the applicant's date of birth at the time of registration as set forth in this section shall not deter the act of registration:  PROVIDED, That registration officials shall indicate on the registration form by checking either "identification produced" or "identification not produced".

 

          NEW SECTION.  Sec. 26.    Sections 15 through 18 and 21 of this act shall take effect on July 1, 1987.

 

          NEW SECTION.  Sec. 27.    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.