AN ACT Relating to the presidential nominating process; creating a presidential preference primary for major political parties; amending RCW 29.42.010; adding a new chapter to Title 29 RCW; and providing for a vote of the people.

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

NEW SECTION. Sec. 1. On the third Tuesday of May in each year in which a president of the United States is to be nominated and elected, a presidential preference primary shall be held at which voters may express their choice among major political party candidates for nomination to the office of president of the United States.

NEW SECTION. Sec. 2. (1) The name of a candidate for a major political party nomination to the office of president of the United States shall be printed on the ballot only if that person has been designated by one of the following:

(a) The caucus of a major political party in the state house of representatives;

(b) The caucus of a major political party in the state senate;

(d) A county central committee of a major political party.

(2) A caucus or committee listed in subsection (1) of this section that desires to designate a candidate to appear on the presidential preference primary ballot shall file a statement of its designation or designations with the secretary of state not less than eighty days before the date of the presidential preference primary.

NEW SECTION. Sec. 3. (1) The secretary of state shall promptly notify by mail each person who has been designated under section 1 of this act that his or her name will be printed as a candidate on the presidential preference primary ballot of this state.

(2) The secretary of state shall remove the name of any candidate who, within thirty days of the mailing of the notice of his or her designation under subsection (1) of this section, files a written request with the secretary of state that his or her name be removed from the presidential preference primary ballot of this state.

(3) If, more than forty-five days before the presidential preference primary, the secretary of state is informed of the death of a candidate designated to appear on the ballot, he or she shall remove the name of that candidate from the presidential preference primary ballot.

(4) No declaration and affidavit of candidacy is required of any candidate as a condition for printing the name of that candidate on the ballot for the presidential preference primary.

NEW SECTION. Sec. 4. (1) Not less than forty-five days before the presidential preference primary, the secretary of state shall certify to each county auditor the names of all of the candidates that are to appear on the ballot at that primary.

(2) Where this chapter does not specifically indicate otherwise, the presidential preference primary shall be conducted and canvassed in the manner provided by state law for the conduct and canvassing of primaries for partisan state offices.

(3) The secretary of state may adopt rules necessary to facilitate the operation, accomplishment, and purposes of this chapter.

NEW SECTION. Sec. 5. (1) At a presidential preference primary, each registered voter may vote for only one candidate on that ballot for nomination to the office of president of the United States. Except as provided in subsection (2) of this section, each registered voter shall receive a ballot containing the names of all the candidates designated under sections 2 and 3 of this act. A space shall be included on each ballot to vote for an uncommitted delegation, if required by the rules of a major political party.

(2) If the rules of the national committee of any major political party require that the selection of delegates and alternates to the national nominating convention of that party be restricted to registered voters who declare themselves to be members of that party, a statement to this effect and a means of acknowledging this statement shall be included on the precinct list of registered voters at each polling place. In this case, a ballot containing only the names of the candidates of that party and a space for uncommitted delegates, if permitted by the rules of that party, shall be provided to each registered voter who subscribes to this supplemental declaration. The votes cast by voters who subscribe to such a supplemental declaration shall be tabulated and reported separately from all other votes cast at the presidential preference primary.

(3) Up to forty-nine percent of the delegates and alternates allotted to this state by a major political party may be selected solely through the precinct caucus and convention process as provided by rules of the national or state committee of that party. The remaining delegates and alternates to the national nominating convention of that party shall be apportioned among the candidates whose names appear on the presidential preference primary ballot or uncommitted delegates in the manner required by section 8 of this act.

(4) In this chapter, the term "uncommitted" as applied to a delegate or an alternate means that the delegate or alternate is not obligated, pledged, or bound by law or the rules of that major political party to vote for a particular candidate at his or her party's national nominating convention and that the delegate or alternate is entirely free to vote as his or her conscience dictates at that convention.

NEW SECTION. Sec. 6. (1) Not later than ten days before the presidential preference primary, each candidate whose name will appear on the presidential preference primary ballot shall file with the secretary of state (a) a list of the names and addresses of the persons designated by that candidate to be delegates or alternates to the national nominating convention of the major political party of that candidate and (b) copies of the acceptances and pledges required of each person named as required by subsection (4) of this section.

(2) The number of names of delegates and of alternates on each candidate's list shall be equal to the number of delegates and alternates, respectively, to the national nominating convention allotted to Washington state for that year by the national committee of that major political party.

(3) No name may be placed on a list of designated delegates unless, at the time the list is filed, the person named has attained the age of eighteen years, is a citizen of the United States, is a registered voter of the state of Washington, and has resided in the state of Washington for at least one year. The qualifications of each person whose name appears on a list of designated delegates shall be verified by an affidavit from the candidate.

(4) Each person designated as a delegate or an alternate by a candidate shall sign an acceptance of this designation and a pledge to act in accordance with the provisions of this chapter.

(5) The form of the list and the affidavit shall be established by the secretary of state.

NEW SECTION. Sec. 7. Immediately following the completion of the canvass of the results of a presidential preference primary, the secretary of state shall certify to the state chairperson of each major political party the number of votes received by each candidate and the number of votes for any uncommitted delegation of a major political party. If the rules of the national committee of any major political party require that the selection of delegates and alternates to the national nominating convention of that party be restricted to registered voters who declare themselves to be members of that party, the votes cast for each candidate of that party and for uncommitted delegates by such voters shall be tabulated and reported separately.

NEW SECTION. Sec. 8. (1) Except where the rules of the national committee of a major political party specifically provide otherwise, the delegates and alternates to the national nominating convention of that party chosen through the presidential preference primary shall be selected at the state party convention of that party from among:

(a) The persons named on the lists of designated delegates and alternates, respectively, to that national nominating convention that were filed with the secretary of state by the candidates of that party for nomination to the office of president of the United States; and

(b) Any other persons selected by that party at its state convention or as the rules of that party may provide to comprise any uncommitted delegation.

(2) Except where the rules of the national committee of a major political party specifically provide otherwise, the number of delegates and the number of alternates selected by a state convention of a party from a candidate's list of designated delegates, or selected by that party to comprise any uncommitted delegation, shall bear the same proportion to the total number of delegates and alternates allotted to that state as the total vote received by the candidate or uncommitted delegation bears to the total combined vote cast in the presidential preference primary for all candidates and an uncommitted delegation, if any, receiving more than five percent of the votes cast for that major political party or its candidates. The delegates and alternates comprising any uncommitted delegation shall be selected as required by rules of that major political party.

(3) If a candidate in the presidential preference primary fails to file a list of designated delegates and alternates with the secretary of state or, to the extent that the list provided by the candidate fails to designate a sufficient number of persons qualified for the office of delegate or alternate, the number of delegates and alternates that would be selected from that candidate's list according to the results of the presidential preference primary shall be selected by the state convention of that party, as required by the rules of that party.

(4) When selecting delegates or alternates from a candidate's list of designated delegates and alternates under this section, the state convention of a major political party has the authority to select any qualified person on that list to serve as a delegate or alternate to the national nominating convention of that party.

(5) The proportions of delegates to be selected from the list of each candidate who appeared on the presidential preference primary ballot shall be expressed as decimal-fractional votes or the nearest whole number of delegate votes, as required by the rules of the national committee of that party.

(6) No unit rule may be applied to or by the delegation of any major political party to that party's national nominating convention. Except as provided in section 9 of this act, no party or delegation may commit or instruct delegates or alternates selected under this section from the candidates' lists of designated delegates and alternates. No party or delegation may commit or instruct delegates or alternates selected by a state convention as uncommitted delegates and alternates as a consequence of the proportion of votes cast for an uncommitted delegation at the presidential preference primary. Other delegates and alternates may be committed and instructed as permitted by the rules of that party.

NEW SECTION. Sec. 9. The delegates and alternates to the national nominating convention of each major political party shall be committed to cast their votes at the national convention in accordance with the results of the state primary and their pledges under section 6(4) of this act until at least one of the following conditions occurs:

(1) The first two ballots for the nomination by that party to the office of president of the United States have been taken;

(2) The candidate to whom the delegates or alternates are committed receives less than twenty-five percent of the votes cast for nomination to the office of president of the United States; or

(3) The candidate to whom the delegates or alternates are committed releases the delegates in writing.

NEW SECTION. Sec. 10. Whenever a presidential preference primary is held under this chapter, the state of Washington shall reimburse each county for the cost of conducting the primary in the same manner as that required under RCW 29.13.047. The secretary of state shall include in his or her biennial budget a request for sufficient funds to carry out the provisions of this chapter. Payments under this section shall be from appropriations specifically provided for such purpose by law.

Sec. 11. Section 29.42.010, chapter 9, Laws of 1965 as amended by section 16, chapter 329, Laws of 1977 ex. sess. and RCW 29.42.010 are each amended to read as follows:

Each political party organization shall have the power to:

(1) Make its own rules and regulations;

(2) Call conventions;

(3) Elect delegates to conventions, state and national;

(4) Fill vacancies on the ticket;

(5) Provide for the nomination of presidential electors; and

(6) Perform all functions inherent in such an organization((~~: PROVIDED, That~~)).

Only major political parties ((~~shall~~)) have the power to designate candidates to appear on the state primary ((~~election~~)) ballot as provided in RCW 29.18.150 ((~~as now or hereafter amended~~)). Delegates and alternates to the national nominating convention of each major political party shall be selected under chapter 29.-- RCW (sections 1 through 10 of this act).

NEW SECTION. Sec. 12. Sections 1 through 10 of this act shall constitute a new chapter in Title 29 RCW.

NEW SECTION. Sec. 13. This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1, of the state Constitution and the laws adopted to facilitate the operation thereof.