H-1523              _______________________________________________

                                                    HOUSE BILL NO. 788

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Tilly, Locke and Miller

Read first time 2/8/85 and referred to Committee on Constitution, Elections & Ethics.

AN ACT Relating to nonpartisan primaries and elections; and amending  RCW 29.21.150 and 29.21.180.

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

        Sec. 1.  Section 1, chapter 10, Laws of 1970 ex. sess. as amended by section 5, chapter 120, Laws of 1975-'76 2nd ex. sess. and RCW 29.21.150 are each amended to read as follows:

          The name of the person who receives the greatest number of votes and of the person who receives the next greatest number of votes at the primary for a single nonpartisan position shall appear on the general election ballot under the designation therefor((:  PROVIDED, That in elections for justices of the supreme court, judges of the court of appeals and judges of the superior court, and for state superintendent of public instruction, if any candidate in the primary receives a majority of all the votes cast for the position, only the name of the person receiving the highest vote shall be printed on the general election ballot under the designation for that position, followed by a space for the writing in of any other name by a voter)).

        Sec. 2.  Section 2, chapter 10, Laws of 1970 ex. sess. as last amended by section 8, chapter 183, Laws of 1979 ex. sess. and RCW 29.21.180 are each amended to read as follows:

          No primary shall be held ((relating to the office of state superintendent of public instruction or, except for any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties, officers of other first class school districts)) for any nonpartisan position except under RCW 28A.57.425 or except for county offices in counties where a charter adopted under Article XI, section 4 of the state Constitution provides otherwise or except where Article IV, section 29 of the state Constitution provides otherwise if, after the last day allowed for candidates to withdraw, there are no more than two candidates filed for each position to be filled.  In such event all candidates concerned shall be notified.  Names of candidates that would have been printed upon the primary ballot, but for the provisions of this section, shall be printed upon the general election ballot alphabetically in groups under the designation of the respective titles of the offices for which they are candidates.

NEW SECTION. Sec. 3.     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.