AN ACT Relating to the placement of names on primary ballots; amending RCW 29.30.060, 29.30.350, and 29.30.450; and adding new sections to chapter 29.18 RCW.

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

NEW SECTION. Sec. 1. The names of all candidates for partisan office and for all judicial offices except district court judge shall be rotated in each precinct in the manner specified by RCW 29.30.040, 29.30.340, and 29.30.440. The order of names on sample ballots and on absentee ballots in primaries shall be determined in the following manner:

(1) After the close of business on the first day for candidates to file for office, the officer with whom declarations of candidacy are filed shall, from among those filings made in person and by mail in accordance with section 2(2) of this act, determine by lot the order in which the names of those candidates shall appear on the sample and absentee ballots under the appropriate office heading. The determination shall be done publicly, and may be witnessed by the media or by any candidate desiring to do so.

(2) The names of candidates filing for office after the first day of the filing period, including those candidates filing by mail in accordance with section 2(3) of this act, shall be placed upon sample and absentee ballots in the order in which they are received by the filing officer.

NEW SECTION. Sec. 2. Any candidate may mail his or her declaration of candidacy for any office to the filing officer. Such declarations of candidacy shall be processed by the filing officer in the following manner:

(1) Any declaration received by the filing officer by mail before the second business day immediately preceding the first day for candidates to file for office shall be returned to the candidate submitting it, together with a notification that the declaration of candidacy was received too early to be processed. The candidate shall then be permitted to resubmit his or her declaration of candidacy during the filing period.

(2) Any properly executed declaration of candidacy received by mail on or after the second business day immediately preceding the first day for candidates to file for office and before the close of business on the first day of the filing period shall be included with filings made in person on that first day. In partisan and judicial elections other than for district court judge, the filing officer shall determine by lot the order in which the names of those candidates shall appear upon sample and absentee primary ballots.

(3) Any properly executed declarations of candidacy received by mail after the close of business on the first day for candidates to file for office and before the close of business on the last day for candidates to file shall be filed in the order in which they are received by the filing officer.

(4) Any declaration of candidacy received by the filing officer after the close of business on the last day for candidates to file for office shall be rejected and returned to the candidate attempting to file it.

Sec. 3. Section 29.30.060, chapter 9, Laws of 1965 as amended by section 55, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.060 are each amended to read as follows:

In counties or portions of counties using paper ballots, on or before the fifteenth day before a primary or an election, the county auditor shall prepare a sample paper ballot which he shall display in a conspicuous place in his office for public inspection. Sample paper ballots shall be substantially in the same form as the official paper ballots but upon colored paper((~~, and~~)). The names of the candidates in the primary for each office shall be arranged ((~~thereon~~)) on the sample ballot in the order provided by sections 1 and 2 of this act, and the names of candidates in the general election for each office shall be in the order in which their declarations of candidacy were filed, except that the position of precinct committeeman shall be shown on the general election sample ballot only by a listing of the position itself, and the names of candidates therefor need not be shown.

Sec. 4. Section 37, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.350 are each amended to read as follows:

In counties or portions of counties using absentee ballots designed to be tabulated on a vote tallying system, on or before the fifteenth day before a primary or an election, the county auditor shall prepare sample ballots which he shall display in a conspicuous place in his office for public inspection. Sample ballots shall be substantially in the same form as the official ballot pages but the names of the candidates in the primary for each office shall be arranged ((~~thereon~~)) on the sample ballot in the order provided by sections 1 and 2 of this act, and the names of candidates in the general election for each office shall be arranged in the order in which their declarations of candidacy were filed, except that the position of precinct committeeman shall be shown on the general election sample ballot only by a listing of the position itself, and the names of candidates therefor need not be shown.

Sec. 5. Section 46, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.450 are each amended to read as follows:

In counties or portions of counties using voting machines, on or before the fifteenth day before a primary or an election, the county auditor shall prepare a voting machine diagram which he shall display in a conspicuous place in his office for public inspection. Voting machine diagrams shall be substantially in the same form as the official ballot labels, but the names of the candidates in the primary for each office shall be arranged ((~~thereon~~)) on the diagram in the order provided by sections 1 and 2 of this act, and the names of candidates in the general election for each office shall be arranged in the order in which their declarations of candidacy were filed, except that the position of precinct committeeman shall be shown on the general election voting machine diagram only by a listing of the position itself, and the names of candidates therefor need not be shown. Voting machine diagrams shall also include instructions for write-in voting.

NEW SECTION. Sec. 6. Sections 1 and 2 of this act shall be added to chapter 29.18 RCW.