Z-399                 _______________________________________________

 

                                                    HOUSE BILL NO. 545

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representatives Fisher, Barnes, Fisch, Locke, Miller, Sanders and P. King; by Secretary of State request

 

 

Read first time 2/6/85 and referred to Committee on Constitution, Elections & Ethics.

 

 


AN ACT Relating to ballots; amending RCW 29.30.010, 29.30.081, 29.30.310, 29.34.125, 29.51.100, and 29.51.110; and repealing RCW 29.51.090.

 

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

 

        Sec. 1.  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. 2.  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. 3.  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. 4.  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.

 

        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 voting 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 whom he may wish to vote((:  PROVIDED, That)) in the space provided for that purpose.  Where a partisan office at a primary 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 29.51.110, 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.

 

          NEW SECTION.  Sec. 7.  Section 29.51.090, chapter 9, Laws of 1965 and RCW 29.51.090 are each repealed.