H-1295.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1001

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By House Committee on State Government (originally sponsored by Representatives Locke, Ballard, Appelwick, Peery, Ludwig, Belcher, Prince, H. Myers, Tate, Vance, D. Sommers, Morton, Wineberry, Mitchell, Beck, Forner, McLean, Brough, Edmondson, Chandler, P. Johnson, Moyer, Hochstatter, Lisk, Wood, Paris, Casada, Nealey, Brekke, Silver, Wynne, Fraser, May and Anderson).

Read first time January 30, 1991. 

Requiring the top two vote getters in nonpartisan elections to appear on the general election ballot.

     AN ACT Relating to nonpartisan elections; amending RCW 29.21.150, 29.21.180, and 29.30.085; adding a new section to chapter 29.21 RCW; providing an effective date; and providing an expiration date.

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

     Sec. 1.  RCW 29.21.150 and 1975‑'76 2nd ex.s. c 120 s 5 are each amended to read as follows:

     The name of the person who receives the greatest number of votes and of the person who receives the next greatest number of votes at the primary for a single nonpartisan position shall appear on the general election ballot under the designation therefor((:  PROVIDED, That in elections for justices of the supreme court, judges of the court of appeals and judges of the superior court, and for state superintendent of public instruction, if any candidate in the primary receives a majority of all the votes cast for the position, only the name of the person receiving the highest vote shall be printed on the general election ballot under the designation for that position, followed by a space for the writing in of any other name by a voter)).

     Sec. 2.  RCW 29.21.180 and 1979 ex.s. c 183 s 8 are each amended to read as follows:

     No primary shall be held relating to the office of state superintendent of public instruction or, except for any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties, officers of other first class school districts if, after the last day allowed for candidates to withdraw, there are no more than two candidates filed for each position to be filled.  In such event all candidates concerned shall be notified.  Names of candidates that would have been printed upon the primary ballot, but for the provisions of this section, shall be printed upon the general election ballot in the following order: For the superintendent of public instruction, in the order determined by lot under RCW 29.18.022; and for school district directors, alphabetically in groups under the designation of the respective titles of the offices for which they are candidates.

     Sec. 3.  RCW 29.30.085 and 1990 c 59 s 95 are each amended to read as follows:

     (((1) Except as provided under subsection (2) of this section,)) On the ballot at the general election for a nonpartisan office for which a primary was held, only the names of the candidate who received the greatest number of votes and the candidate who received the next greatest number of votes for that office shall appear under the title of that office, and the names shall appear in that order. If a primary was conducted, no candidate's name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast for that office at the preceding primary.  On the ballot at the general election for any other nonpartisan office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW 29.30.025.

     (((2) On the ballot at the general election for the office of justice of the supreme court, judge of the court of appeals, judge of the superior court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that office or position, only the name of that candidate may be printed under the title of the office for that position.))

NEW SECTION. Sec. 4.  A new section is added to chapter 29.21 RCW to read as follows:

     A primary shall be held as provided in RCW 29.13.070 for each elective judicial office except as follows:

     (1) No primary may be held for any single judicial position if, after the last day allowed for candidates to withdraw, there are no more than two candidates filed for the position.  The county auditor shall, as soon as possible, notify all the candidates so affected that the office for which they have filed will not appear on the primary ballot.  The names of such candidates shall be printed upon the general election ballot in the order determined by lot under RCW 29.18.022 (before July 1, 1992) or RCW 29.30.025 (beginning July 1, 1992).

     (2) No primary may be held for a superior court judge position if the Constitution expressly prohibits conducting a primary for the position.

NEW SECTION. Sec. 5.      Sections 1 and 2 of this act shall expire July 1, 1992.

NEW SECTION. Sec. 6.      Section 3 of this act shall take effect July 1, 1992.