_______________________________________________
HOUSE
BILL 2662
_______________________________________________
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 01/23/92.
Referred to Committee on State Government.Removing
disqualified candidates from the ballot.
AN ACT
Relating to elections for nonpartisan offices; amending RCW 29.30.085; adding a
new section to chapter 29.30 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A new
section is added to chapter 29.30 RCW to read as follows:
This
section applies if a candidate for an elective office of a city, town, or
special purpose district would, under this chapter, otherwise qualify to have
his or her name printed on the general election ballot for the office, but the
candidate has been declared to be unqualified to hold the office by a court of
competent jurisdiction.
(1) In
a case in which a primary is conducted for the office:
(a) If
ballots for the general election for the office have not been ordered by the
county auditor, the candidate who received the third greatest number of votes
for the office at the primary shall qualify as a candidate for general election
and that candidate's name shall be printed on the ballot for the office in lieu
of the name of the disqualified candidate.
(b) If
general election ballots for the office have been so ordered, votes cast for
the disqualified candidate at the general election for the office shall not be
counted for that office.
(2) In
a case in which a primary is not conducted for the office:
(a) If
ballots for the general election for the office have not been ordered by the
county auditor, the name of the disqualified candidate shall not appear on the
general election ballot for the office.
(b) If
general election ballots for the office have been so ordered, votes cast for
the disqualified candidate at the general election for the office shall not be
counted for that office.
(3) If
the disqualified candidate is the only candidate to have filed for the office
during a regular or special filing period for the office, a void in candidacy
for the office exists.
Sec.
2. RCW
29.30.085 and 1990 c 59 s 95 are each amended to read as follows:
(1)
Except as provided ((under)) in section 1 of this act and in
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. 3. This
act shall take effect July 1, 1992.
