H-0990.2 _______________________________________________
HOUSE BILL 1516
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State of Washington 52nd Legislature 1991 Regular Session
By Representatives Rust, Cole, McLean, Sheldon, Anderson and Wang.
Read first time January 31, 1991. Referred to Committee on State Government.
AN ACT Relating to elections; and adding a new section to chapter 29.18 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 29.18 RCW to read as follows:
A person filing a declaration of candidacy for an office shall, at the time of filing, possess the qualifications specified by law for persons who may be elected to the office.
In addition to any other requirement of law regarding residency, the following apply with regard to the requirement that a person be a resident of the district or jurisdiction represented by an office:
(1) A person who files a declaration of candidacy for an office shall, at the time of filing the declaration, have a residence in the district or other jurisdiction from which a candidate for the office is elected. If a person elected to an office must be nominated from a district or similar division of the jurisdiction from which the person is elected, a person who files a declaration of candidacy for that office shall, at the time of filing the declaration, have a residence in that district or division.
(2) If a filing officer finds that the requirements of subsection (1) of this section were not satisfied for a declaration of candidacy which a person has filed with the officer for an election, the officer shall not print or cause to have printed the name of the person on the ballot for that election or for a primary held for that election.
(3) Any person who believes that a candidate for an office does not satisfy the requirements of subsection (1) of this section may request the filing officer with whom the candidate's declaration of candidacy was filed to determine whether the requirements of subsection (1) of this section are satisfied. The officer shall respond to the request and make a determination expeditiously.
(4) If the officer is a county auditor and does not so respond within seven working days, the person may submit the request to the secretary of state who shall respond to the request and render a determination expeditiously. If the secretary of state determines that the requirements of subsection (1) of this section were not satisfied, the secretary shall issue an order directing that the candidate's name not be printed on the ballot for the primary or election.
(5) A determination made by a filing officer or by the secretary of state under this section may be appealed to superior court.
For the purposes of this section, "filing officer" means the official with whom a declaration of candidacy for an office must by law be filed.