S-313                 _______________________________________________

                                                   SENATE BILL NO. 3303

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators DeJarnatt, Hayner and Granlund; by Secretary of State request

Read first time 1/24/85 and referred to Committee on Governmental Operations.

AN ACT Relating to write-in candidates; amending RCW 29.51.170; and adding new sections to chapter 29.04 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 29.04 RCW to read as follows:

          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 second Tuesday before the primary or election.  No write-in declaration for any partisan office in a primary is valid for any minor party candidate unless the minor party has also nominated a candidate or candidates for that office pursuant to chapter 29.24 RCW.

          The declaration of candidacy shall be similar to that specified by RCW 29.18.030 and shall be accompanied by the appropriate filing fee or an indication that the candidate is without sufficient assets or income to pay the fee.

NEW SECTION. Sec. 2.  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, notify each county auditor of any such filings that are relevant to that county.  The county auditor shall ensure that those persons charged with tabulating ballots are notified before the primary or election of all valid write-in candidates.

        Sec. 3.  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:

          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 in the manner provided by section 1 of this 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)) any candidate at a general election ((shall be)) is valid ((for any person who has offered himself as)) if that person was a candidate for ((such)) that position ((for the nomination)) at the preceding primary((:  PROVIDED, FURTHER, That when voting machines or voting devices and ballot cards are used)).  Additionally, no write-in vote for any candidate for a partisan office at ((either)) a ((state)) primary ((election or state general election shall be)) is 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 at a primary, only those write-in votes constituting the greatest number of a single political party designation ((shall be)) are 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)) is 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)) is 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.))