FINAL BILL REPORT

HB 1341

                                  C 181 L 88

BYRepresentatives Sanders, Fisher, Miller, Amondson and May

Revising procedures for write-in voting.

House Committe on Constitution, Elections & Ethics

Senate Committee on Governmental Operations

SYNOPSIS AS ENACTED

BACKGROUND:

State law authorizes a voter to vote for any person for an office by writing in the name of the person on the ballot.  A number of restrictions apply to such write-in voting for partisan offices.  Among them are:  in general, a write-in vote is invalid unless the political party affiliation of the candidate is indicated; and in partisan elections, a write-in candidate's votes are counted only if they constitute the greatest number cast for all candidates with the same party designation as the write-in candidate.

If a person is nominated at a primary as a write-in candidate but has not previously paid the filing fee, the person's name cannot be printed on the general election ballot unless the person pays the filing fee and executes a declaration of candidacy.  In lieu of paying a filing fee, a person filing a declaration of candidacy may indicate that he or she is without sufficient assets or income to pay the fee and attach a nominating petition.

SUMMARY:

A person who desires to be a write-in candidate may file a declaration of candidacy not later than the day before the primary or election. The declaration of candidacy is similar to that otherwise required by law. The person may not file if the person filed as a candidate (write-in or otherwise) for the same office at the preceding primary, or if the person is already a candidate (write-in or otherwise)  for another office at that primary or election unless one of the two offices sought is that of precinct committeeperson.

Write-in votes cast for persons who file such declarations and write-in votes for any person appointed by a political party to fill a ballot vacancy must be counted.  A write-in vote for any other person must identify the office for which the vote is cast and the position number or political party, as applicable.  No such write-in vote is valid if it is cast for a person who filed for the same office at the preceding primary.

The Secretary of State must notify each county auditor of the declarations filed with the Secretary for offices appearing on the ballot in that county.  The county auditor must ensure that the persons who count ballots are notified of all valid write-in candidates before the tabulation of those ballots.  No person who has filed a declaration as a write-in candidate may be included in a state voter's pamphlet.

VOTES ON FINAL PASSAGE:

      House 97   0

      Senate    48     1(Senate amended)

      House 94   0(House concurred)

EFFECTIVE:June 9, 1988