SENATE BILL REPORT

EHB 2797

BYRepresentatives R. Fisher, McLean, Horn, Anderson and Todd

Rearranging provisions relating to candidacy and changing provisions relating to ballot forms and voting equipment.

House Committe on State Government

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 21, 1990; February 22, 1990

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; DeJarnatt, Sutherland.

Senate Staff:Rod McAulay (786-7754)

                  February 22, 1990

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 22, 1990

BACKGROUND:

The Election Code addresses all aspects of the election process including the procedures for filing candidacies for office, the design of ballots, the types of voting equipment which may be used, and the procedures to be followed at each precinct prior to, during and following voting with respect to the monitoring of voting equipment, maintaining the secrecy of ballots, standards for invalidating ballots and the tallying process.

The Office of the Secretary of State, in conjunction with the county auditors of the state, has reviewed the entire code in an effort to increase its internal consistency, accommodate changes in technology in voting and vote tallying systems, and correct obsolete or inaccurate terminology.

SUMMARY:

Filing for Office.  The provisions of the Election Code regarding filing for office are consolidated into a new chapter in the code.  Various procedural details regarding filing for office are removed from the code and the Secretary of State is granted the authority to adopt rules regarding them.  Provisions are repealed that establish a procedure for requesting a meeting with the elections officer regarding misleading or similar names of candidates.  No candidate may use a nickname on the ballot that denotes the candidate's position on issues or political affiliation.

If a short term for an office is created after the close of the filing period for any office, the declarations of candidacy and fees filed for the office during the normal filing period apply to the short term for the office as well.  There is no filing fee for a write-in candidacy.  The county auditor may permit a candidate for precinct committee officer to withdraw his or her candidacy at any time under certain circumstances.

Ballots. Terminology with regard to ballots is changed to reflect current practices and technology.  The Secretary of State must develop uniform standards for design and production of ballots and establish uniform sample ballots in class AA counties.  The cost of printing is apportioned between the state and local governments appearing on the ballots.  The ordering of candidates names on the ballot is made uniform for nonpartisan and partisan elections.  The position of Superintendent of Public Instruction on the ballot is moved to be included with the listings for other statewide offices.  Position numbers must be established 30 days in advance.  Standards are set for the rotation of names of candidates for a single position.

Voting Equipment.  The Secretary of State may adopt rules and procedures for the testing and certification of voting systems and components.  Procedures for acceptance testing of systems acquired by counties are included.  Counties may modify approved systems if the modifications enhance accuracy and performance.  The Secretary of State must test tallying software and set standards for tallying systems.

Primaries.  Candidates for city, town or district office must get at least 5 percent of the primary vote in order to appear on the general election ballot.  Partisan candidates must get at least 1 percent of the vote and a plurality from their party to appear on the general ballot.  In municipal elections where two or less candidates file for a position, they will skip the primary and appear only on the general election ballot.

Election Procedures.  Responsibility for the training of precinct officers and the provision of voting ballots and equipment is mandated.  Procedures to provide assistance to voters and to assure secrecy of ballots are set out. It is a misdemeanor to impede voting by refusing to leave a voting booth.

Poll Closing Procedures.  Procedures are mandated for the testing of tallying systems and equipment, the securing of ballots and the tallying process.  Exceptions are provided to the general rule that canvassing must be continuous until completed.  Standards are restated for the invalidation of ballots and for the conduct and cost of recounts.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 17, 1990

Effective Date:The provisions of the bill, except those requiring the Secretary of State to publish proposed implementing rules, take effect on July 1, 1992.

Senate Committee - Testified: Kathleen Skriner; Karen Flynn; John Pearson; Frank C. Rogers