SENATE BILL REPORT

                   SB 5267

               As Passed Senate, March 14, 1995

Title:  An act relating to write‑in candidates.

Brief Description:  Establishing filing fees and tabulation procedures for write‑in candidates.

Sponsors:  Senators Sheldon, Haugen and Wood.

Brief History:

Committee Activity:  Government Operations:  2/2/95, 3/1/95 [DP].

Passed Senate, 3/14/95, 48-0.

SENATE COMMITTEE ON GOVERNMENT OPERATIONS

Majority Report:  Do pass.

  Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, Heavey, McCaslin and Winsley.

Staff:  Rod McAulay (786-7754)

Background:  Any person who desires to be a write-in candidate and have such votes counted at a primary or election must file a declaration of candidacy no later than the day before the primary or election.  There is no statutory requirement that the person pay a filing fee at the time of filing a declaration of candidacy as a write-in candidate.

Regardless of whether a write-in candidate has filed a declaration of candidacy and regardless of whether there are enough votes to nominate a write-in candidate, votes for a write-in candidate must be tallied separately.

Summary of Bill:  Any person who files a declaration of candidacy as a write-in candidate must pay a filing fee in the same manner required of other candidates filing for the office.  Write-in votes cannot be tallied separately for a person who files a declaration of candidacy, unless the number of votes results in nomination.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This bill will enable auditors to focus their resources toward serious candidates.  Requiring a filing fee is a matter of equity.

Testimony Against:  None.

Testified:  Karen Flynn, Kitsap County Auditor (pro).

House Amendment(s):  The amendment makes it clear that write-in votes need not be tallied individually if they would not alter the results of the election.