S-1333               _______________________________________________

                                                   SENATE BILL NO. 3599

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senator Conner

Read first time 2/5/85 and referred to Committee on Governmental Operations.

AN ACT Relating to elections; amending RCW 29.13.070, 29.13.075, 29.18.025, 29.21.060, 29.24.060, 29.24.075, 29.27.020, 29.27.050, 29.30.075, 29.30.360, 29.36.060, 29.39.030, 29.54.043, 29.62.020, 29.62.090, and 42.17.080; repealing RCW 29.01.160; and providing an effective date.

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

        Sec. 1.  Section 29.13.070, chapter 9, Laws of 1965 as last amended by section 29, chapter 361, Laws of 1977 ex. sess. and RCW 29.13.070 are each amended to read as follows:

          Nominating primaries for general elections to be held in November shall be held at the regular polling places in each precinct on the ((third Tuesday of the preceding September or on the seventh)) tenth Tuesday immediately preceding such general election((, whichever occurs first)).

        Sec. 2.  Section 3, chapter 4, Laws of 1973 and RCW 29.13.075 are each amended to read as follows:

          Whenever ((it shall be necessary to hold)) a special election is held in an odd-numbered year to fill an unexpired term ((of any)) in an office ((which)) that is scheduled to be voted upon for a full term in an even-numbered year, no ((September)) primary ((election shall)) may be held ((in the odd-numbered year)) if, after the last day allowed for candidates to withdraw, either ((of the following circumstances exist)):

          (1) No more than one candidate of each ((qualified)) major political party has filed a declaration of candidacy for the same partisan office ((to be filled)); or

          (2) No more than two candidates have filed ((a)) declarations of candidacy for a single nonpartisan office ((to be filled)).

          In either event, the officer with whom the declarations of candidacy were filed shall ((immediately)) promptly notify all candidates concerned ((and)).  The names of the candidates that would have ((been printed upon the September)) appeared on the primary ballot, but for the provisions of this section, shall be printed as nominees for the positions ((sought upon)) on the ((November)) general election ballot.

        Sec. 3.  Section 2, chapter 142, Laws of 1984 and RCW 29.18.025 are each amended to read as follows:

          Except where otherwise provided by state law, declarations of candidacy for the following offices shall be filed during regular business hours with the secretary of state or the county auditor no earlier than the ((last)) third Monday in ((July)) June and no later than the following Friday in the year in which the office is scheduled to be voted upon:

          (1)  Offices that are scheduled to be voted upon for full terms or both full terms and short terms at, or in conjunction with, a state general election; and

          (2)  Offices where a vacancy, other than a short term, exists that has not been filled by election and for which an election to fill the vacancy is required in conjunction with the next state general election.

        Sec. 4.  Section 29.21.060, chapter 9, Laws of 1965 as last amended by section 31, chapter 361, Laws of 1977 ex. sess. and RCW 29.21.060 are each amended to read as follows:

          ((All)) Candidates for city, town, or district offices to be voted on at any general election ((in first, second, and third class cities and fourth class municipalities (towns))) shall file declarations of candidacy with the county auditor not earlier than the ((last)) third Monday of ((July)) June nor later than the next succeeding Friday in the year such regular city elections are held.

          All candidates for district offices subject to the provisions of RCW 29.21.010((, as now or hereafter amended,)) shall file their declarations of candidacy with the county auditor of the county not earlier than the ((last)) third Monday of ((July)) June nor later than the next succeeding Friday in the year such regular district elections are held((:  PROVIDED, That)).  This ((chapter)) section shall not change the method of nomination for first district officers at the formation of any district.

          Any candidate for city, town, or district offices may withdraw his declaration at any time to and including the first ((Wednesday)) Thursday after the last day allowed for filing declarations of candidacy.

          All candidates required to file declarations of candidacy shall pay the same fees and be governed by the same rules as contained in RCW 29.18.030 through 29.18.100((:  PROVIDED)), except that no filing fee ((shall)) may be charged ((in the event that)) if the office sought is without a fixed annual salary.

          This section ((shall)) supersedes the provisions of any and all other statutes, whether general or special in nature, having different dates for filing declarations of candidacy for ((such)) city, town, and district elections, the purpose of this section being to establish a uniform five-day period throughout the state of Washington for filing declarations of candidacy.

        Sec. 5.  Section 29.24.060, chapter 9, Laws of 1965 as amended by section 6, chapter 329, Laws of 1977 ex. sess. and RCW 29.24.060 are each amended to read as follows:

(1) Upon the receipt of the certificate of nomination of a minor party or independent candidate convention, the secretary of state shall check the certificate and canvass the signatures ((thereon)) to ascertain if the requirements of RCW 29.24.040((, as now or hereafter amended,)) have been met.  If the secretary of state finds that the certificate does not comply with state law, he shall refuse to file ((the same)) it and any declarations of candidacy of candidates nominated by such convention.

(2)  Within ((two)) three weeks after the last day of the filing period, as specified by RCW 29.18.030((,)) or fixed in accordance with RCW 29.68.080 or 29.68.090, the secretary of state shall notify the presiding officer ((and secretary)) of each convention ((of any)) whether the petition contained sufficient valid signatures.  If the petition failed to contain sufficient valid signatures, the secretary of state shall further notify the presiding officer of which signatures were judged invalid, together with the reason for any such judgment.

(3)  Within one week after such notification((,)) and upon the request of the presiding officer ((or secretary)) of any such convention, the county auditor shall recheck the invalid signatures on the petition against the voter registration records and shall notify the secretary of state of any signatures validated upon rechecking.

(4) On the seventh day after ((filing a nominating certificate or)) notifying the presiding officer ((or secretary)) of a convention of ((any signatures judged invalid on)) the sufficiency or insufficiency of a nominating certificate, the secretary of state shall destroy the portion of the certificate which contains the signatures, names, and addresses of convention participants unless the certificate is in dispute, in which case that portion shall be retained until the dispute is resolved.  Upon resolution of any such dispute, the secretary of state shall destroy that portion of the nominating certificate.  In no case ((shall)) may the fact that a voter participated in a particular convention be disclosed to any person other than the election official who checks the validity of signatures on nominating certificates.

        Sec. 6.  Section 8, chapter 329, Laws of 1977 ex. sess. and RCW 29.24.075 are each amended to read as follows:

          A declaration of candidacy of an individual candidate whose name appears on a nominating certificate filed by the secretary of state in accordance with RCW 29.24.060((, as now or hereafter amended,)) shall be submitted to the secretary of state ((within one week of the filing of)) at the same time the nominating certificate ((by the secretary of state)) is filed.

        Sec. 7.  Section 29.27.020, chapter 9, Laws of 1965 as amended by section 4, chapter 103, Laws of 1965 ex. sess. and RCW 29.27.020 are each amended to read as follows:

          ((Prior to any September primary, on or before)) No later than the ((first)) Wednesday following the last day for political parties to fill vacancies in the ticket ((as provided by)) under RCW 29.18.150, the secretary of state shall ((transmit)) certify to each county auditor a ((certified)) list of the candidates ((for office to be voted for in each county as represented by the)) who filed declarations of candidacy ((and nomination papers filed)) in his or her office during the preceding filing period.  For each office, the certificate shall ((set forth)) include the name of each candidate, his ((post office)) or her mailing address, ((the office for which he is a candidate)) and ((his)) the party designation of the candidate, if any.

        Sec. 8.  Section 29.27.050, chapter 9, Laws of 1965 as amended by section 7, chapter 103, Laws of 1965 ex. sess. and RCW 29.27.050 are each amended to read as follows:

          ((As soon as possible but in any event)) No later than the ((fifth)) day following the official canvass and certification of the returns of any primary ((election as made by the canvassing board)), the secretary of state shall certify to ((the)) each county auditor ((of each county within which any of the electors may by law vote for candidates for such office,)) the name and place of residence of each person nominated for ((such)) federal or state office((, as specified in the certificates of nomination filed with the secretary of state)) or any judicial or legislative office the jurisdiction of which includes territory from more than one county.

        Sec. 9.  Section 29.30.075, chapter 9, Laws of 1965 as last amended by section 56, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.075 are each amended to read as follows:

          In counties using absentee paper ballots, at least ((twenty)) forty days before any primary or election, each county auditor shall have prepared sufficient paper ballots for use by absentee voters.

        Sec. 10.  Section 38, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.360 are each amended to read as follows:

          In counties using absentee ballots designed to be tabulated on a vote tallying system, at least ((twenty)) forty days before any primary or election, each county auditor shall have prepared a sufficient number of such absentee ballots for use by absentee voters.

        Sec. 11.  Section 29.36.060, chapter 9, Laws of 1965 as last amended by section 78, chapter 361, Laws of 1977 ex. sess. and RCW 29.36.060 are each amended to read as follows:

(1) The opening and canvassing of absentee ballots cast at any primary or election, special or general, may begin on or after the tenth day  prior to such primary or election((:  PROVIDED, That)).

(2) For absentee ballots to be tabulated by vote tallying systems, the envelopes and ballots may be processed as required under subsections (3) through (5) of this section, prepared for tabulation, sealed, and stored in the manner provided in subsection (3) of this section before the primary or election, but may not be tabulated until after 8:00 p.m. on the day of the primary or election.  For absentee ballots to be tabulated manually, the opening of the inner envelopes and actual counting of such absentee ballots shall not commence until after 8:00 o'clock p.m. on the day of the primary or election ((but)).  The canvassing of absentee ballots must be completed on or before the tenth day following the primary or election((:  PROVIDED, That when a state general election is held, the canvassing period shall be extended to and including the fifteenth day following such election)).

(3) The county canvassing board, or its duly authorized representatives, may elect not to initial the inner envelope of each absentee ballot but instead place all such envelopes in containers that can be secured with a numbered metal seal((, and)).  Such sealed containers shall be stored in the most secure vault available within the courthouse until ((after 8:00 o'clock p.m. of the day of the primary or election:  PROVIDED, That in the instance of punchcard absentee ballots, such ballots may be taken from the inner envelopes and all the normal procedural steps performed necessary to prepare punchcard ballots for computer count and then placed in said sealed containers)) they are officially counted or tabulated.

(4) The canvassing board, or ((its)) their duly authorized representatives, shall examine the postmark, receipt mark, and statement on the outer envelope containing the absentee ballot and verify that the voter's signature ((thereon)) on it is the same as that on the original application((:  PROVIDED, That)).  If the postmark is illegible, the date on the outer envelope, to which a person attests ((to)) as provided in RCW 29.36.030 ((as now or hereafter amended)), shall be the date for determining the validity, as to the time of voting, of any absentee ballot under the provisions of this chapter.  ((The board then shall open the outer envelopes not later than the tenth day following any primary or special election, and the fifteenth day following any general election, and remove therefrom the inner envelope containing the ballot.))

(5) The inner absentee ballot envelopes shall be initialed by the canvassing board or ((its)) their duly authorized representatives.  The inner envelopes thus initialed must be ((filed)) retained by the county auditor under lock and key.  The outer envelopes to which must be attached the corresponding original absentee voter's application shall be sealed securely ((in one package)) and shall be kept by the auditor for future use in case any question ((should)) arises as to the validity of the vote.

        Sec. 12.  Section 29.39.030, chapter 9, Laws of 1965 as last amended by section 4, chapter 4, Laws of 1973 and RCW 29.39.030 are each amended to read as follows:

          "Election" used alone means a general election except where the context indicates that a special election is meant or included.  "Election" used without qualification never means a primary.

          ((In addition to the above,)) For the purpose of this chapter, ((the term)) "primary" means the ((primary elections held on the third Tuesday in September of)) nominating procedures conducted  each year under RCW 29.13.070.  The term "election" means the  general elections held on the first Tuesday following the first Monday in November of each year.

          ((The purpose of this section is to authorize)) Absentee voters qualifying as service voters as defined by RCW 29.39.010((, as now existing or hereafter amended, to)) may cast the same ballots, including those for special elections, as any registered voter would receive under the provisions of RCW 29.36.030 for any ((September)) primary, special election, or ((November)) general election.

        Sec. 13.  Section 12, chapter 101, Laws of 1965 ex. sess. as amended by section 2, chapter 109, Laws of 1967 ex. sess. and RCW 29.54.043 are each amended to read as follows:

          The procedure for counting (of)) paper ballots ((at every September primary or November general election)) shall be as follows:

          (1) The inspector shall carefully examine each ballot and read aloud, for each office, the name of each person receiving a valid vote, ((the office for which every such person is voted for,)) and the vote for or against each proposition on the ballot.

          (2) The judge, ((representing)) of the opposite political party ((of)) as the inspector, shall observe ((such)) the reading.

          (3) The second judge shall tally the votes as read in the tally books to be returned to the ((election officer having jurisdiction of the election)) county auditor.

          (4) The clerk ((representing the opposite political party of the second judge)) shall, at the same time, tally the votes as read in the tally book to be retained by the inspector.

          (5) The inspector and judge observing the reading aloud of the ballots may ((rotate)) exchange their duties from time to time, upon agreement.

          (6) ((The same basic rules in the counting of paper ballots at the polling places as enumerated in the above subsections (1), (2), (3), (4), and (5) of)) This section ((shall apply)) applies to the counting of paper ballots ((under the jurisdiction of)) by the county auditor ((at the court house, it being the intention of this subsection that)). After the county canvassing board has approved ((as valid)) the absentee ballots and challenged or questioned ballots, the ((actual count and)) tallying of ((such)) these ballots shall be done by persons selected by the county auditor on a bipartisan basis.

        Sec. 14.  Section 29.62.020, chapter 9, Laws of 1965 and RCW 29.62.020 are each amended to read as follows:

          ((On)) No later than the tenth day after each election or primary ((or as soon as he has received the returns from all the precincts included therein)), the county auditor shall call a meeting of the county canvassing board at his or her office, on a day and hour certain, for the purpose of canvassing the votes cast ((therein)) at that primary or election.  The county canvassing board shall consist of the county auditor, the chairman of the ((board of)) county ((commissioners)) legislative authority, and the prosecuting attorney, or their duly appointed deputies.

        Sec. 15.  Section 29.62.090, chapter 9, Laws of 1965 as amended by section 96, chapter 361, Laws of 1977 ex. sess. and RCW 29.62.090 are each amended to read as follows:

          Immediately after the official results of a state primary or state general election in his or her county are ascertained, the county auditor or other election officer shall make an abstract of the number of registered voters in each precinct and of all the votes cast in ((his)) that county at such state primary or state general election for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass.  The abstract shall be entered on blanks furnished by the secretary of state or on compatible computer printouts approved by the secretary of state, and transmitted to the secretary of state ((no later than the next)) on the same business day ((following)) as the certification by the county canvassing board.

        Sec. 16.  Section 8, chapter 1, Laws of 1973 as last amended by section 6, chapter 147, Laws of 1982 and RCW 42.17.080 are each amended to read as follows:

          (1) On the day the campaign treasurer is designated, each candidate or political committee shall file with the commission and the county auditor or elections officer of the county in which the candidate resides (or in the case of a political committee supporting or opposing a ballot proposition, the county in which the campaign treasurer resides), in addition to any statement of organization required under RCW 42.17.040 or 42.17.050 ((as now or hereafter amended)), a report of all contributions received and expenditures made prior to that date, if any.

          (2) At the following intervals each campaign treasurer shall file with the commission and the county auditor or elections officer of the county in which the candidate resides (or in the case of a political committee supporting or opposing a ballot proposition, the county in which the campaign maintains its office or headquarters and if there is no office or headquarters then in the county in which the campaign treasurer resides) a report containing the information required by RCW 42.17.090 ((as now or hereafter amended)):

          (a) On the twenty-first day and the seventh day immediately preceding the date on which the election is held; and

          (b) Within twenty-one days after the date of the election; and

          (c) On the tenth day of each month in which no other reports are required to be filed under this section:  PROVIDED, That such report shall only be filed if the committee has received a contribution or made an expenditure in the preceding calendar month and either the total contributions received or total expenditures made since the last such report exceed two hundred dollars.

          When there is no outstanding debt or obligation, and the campaign fund is closed, and the campaign is concluded in all respects, and in the case of a political committee, the committee has ceased to function and has dissolved, the campaign treasurer shall file a final report.  Upon submitting a  final report, the duties of the campaign treasurer shall cease and there shall be no obligation to make any further reports.

          (3) For the period beginning the first day of the ((fourth)) fifth month preceding the date on which the special or general election is held and ending on the date of that election, the campaign treasurer shall file with the commission and the appropriate county elections officer a report of each contribution received during that period at the time that contribution is deposited pursuant to RCW 42.17.060(1)((, as now or hereafter amended)).  The report shall contain the name of each person contributing the funds so deposited and the amount contributed by each person:  PROVIDED, That contributions of less ((that [than])) than twenty-five dollars from any one person may be deposited without identifying the contributor.  A copy of the report shall be retained by the campaign treasurer for his records.  In the event of deposits made by a deputy campaign treasurer, the copy shall be forwarded to the campaign treasurer to be retained by him for his records.  Each report shall be certified as correct by the campaign treasurer or deputy campaign treasurer making the deposit.

          (4) The campaign treasurer or candidate shall maintain books of account accurately reflecting all contributions and expenditures on a current basis within five business days of receipt or expenditure.  During the eight days immediately preceding the date of the election the books of account shall be kept current within one business day and shall be open for public inspection for at least two consecutive hours Monday through Friday, excluding legal holidays, between 8:00 a.m. and 8:00 p.m., as specified in the committee's statement of organization filed pursuant to RCW 42.17.040 ((as now or hereafter amended)), at the principal campaign headquarters or, if there is no campaign headquarters, at the address of the campaign treasurer or such other place as may be authorized by the commission.  The campaign treasurer or candidate shall preserve books of account, bills, receipts, and all other financial records of the campaign or political committee for not less than five calendar years following the year during which the transaction occurred.

          (5) All reports filed pursuant to subsections (1) or (2) of this section shall be certified as correct by the candidate and the campaign treasurer.

          (6) Copies of all reports filed pursuant to this section shall be readily available for public inspection for at least two consecutive hours Monday through Friday, excluding legal holidays, between 8:00 a.m. and 8:00 p.m., as specified in the committee's statement of organization filed pursuant to RCW 42.17.040 ((as now or hereafter amended)), at the principal campaign headquarters or, if there is no campaign headquarters, at the address of the campaign treasurer or such other place as may be authorized by the commission.

        Sec. 17.  Section 29.01.160, chapter 9, Laws of 1965 and RCW 29.01.160 are each repealed.

NEW SECTION. Sec. 18.    This act shall take effect on January 1, 1986.