S-0153.1/91 _______________________________________________
SENATE BILL 5029
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senators Nelson, Talmadge, Thorsness and Rasmussen.
Read first time January 16, 1991. Referred to Committee on Law & Justice.
AN ACT Relating to nonpartisan and judicial elections; amending RCW 29.21.150, 29.30.085, and 29.80.020; adding a new section to chapter 29.21 RCW; creating a new section; 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)) candidate who receives the greatest number
of votes and of the ((person)) candidate who receives the next
greatest number of votes at the primary for a single nonpartisan position shall
appear on the general election ballot in that order 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)) title of that office.
Sec. 2. 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. 3. A new section is added to chapter 29.21 RCW to read as follows:
No nominating primary shall be held for any position in the supreme court, the court of appeals, or the superior court if, after the last day for candidates to withdraw, no more than two candidates have filed valid declarations of candidacy for a single position to be elected at the subsequent general election. The names of the candidates for these positions shall be printed as nominees for the respective positions on the general election ballot in the order determined under RCW 29.18.022. The filing officer shall promptly notify all candidates in those positions which will not appear on the ballot at the primary.
Sec. 4. RCW 29.80.020 and 1984 c 54 s 2 are each amended to read as follows:
At a
time to be determined by the secretary of state, but in any event not later
than forty-five days before the applicable state general election, each nominee
for the office of United States senator, United States representative,
governor, lieutenant governor, secretary of state, state treasurer, state
auditor, attorney general, superintendent of public instruction, commissioner
of public lands, insurance commissioner, state senator, state representative,
justice of the supreme court, judge of the court of appeals, or judge of the
superior court may file with the secretary of state a written statement
advocating his or her candidacy accompanied by the campaign mailing address and
telephone number submitted by the nominee at the nominee's option, and a
photograph not more than five years old and of a size and quality that the
secretary of state determines to be suitable for reproduction in the voters'
pamphlet. The maximum number of words for the statements shall be determined
according to the offices sought as follows: State representative, one hundred
words; state senator, judge of the superior court, judge of the court of
appeals, justice of the supreme court, and all state offices voted upon
throughout the state, except that of governor, two hundred words; United States
senator, United States representative, and governor, three hundred words. ((No
such statement or photograph may be printed in the candidates' pamphlet for any
person who is the sole nominee for any nonpartisan or judicial office.))
NEW SECTION. Sec. 5. (1)(a) The judicial council shall study the system used by the state of Missouri for the selection of judges to determine whether such a system would be feasible for the state of Washington.
(b) The judicial council shall also review the code of judicial conduct with respect to campaigning for judicial office to determine whether the canons permit adequate discussion of issues during the election process.
(2) The judicial council shall solicit input from interested parties including the public, lawyers, and judges.
(3) The judicial council shall report its findings and recommendations to the senate law and justice committee, the house of representatives judiciary committee, the Washington state bar association, and the Washington state supreme court by January 1, 1992.
NEW SECTION. Sec. 6. Section 1 of this act shall expire July 1, 1992.
NEW SECTION. Sec. 7. Section 2 of this act shall take effect July 1, 1992.