Z-0806.1  _______________________________________________

                          HOUSE BILL 1587

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Talcott, Brumsickle, Scott, Wolfe and Conway; by request of Secretary of State

Read first time 01/31/95.  Referred to Committee on Government Operations.

Establishing a candidates' pamphlet for the state primary.

    AN ACT Relating to candidate pamphlets for the state primary; amending RCW 29.15.020, 29.80.010, 29.80.020, 29.80.030, 29.80.040, and 29.80.080; adding a new section to chapter 29.80 RCW; and repealing RCW 29.80.050 and 29.80.060.

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

    Sec. 1.  RCW 29.15.020 and 1990 c 59 s 81 are each amended to read as follows:

    Except where otherwise provided by this title, declarations of candidacy for the following offices shall be filed during regular business hours with the filing officer no earlier than the ((fourth)) first Monday in ((July)) June and no later than the following Friday in the year in which the office is scheduled to be voted upon:

    (1) Offices that are scheduled to be voted upon for full terms or both full terms and short terms at, or in conjunction with, a state general election; and

    (2) Offices where a vacancy, other than a short term, exists that has not been filled by election and for which an election to fill the vacancy is required in conjunction with the next state general election.

    This section supersedes all other statutes that provide for a different filing period for these offices.

    Sec. 2.  RCW 29.80.010 and 1987 c 295 s 17 are each amended to read as follows:

(1) As soon as possible before each state primary and state general election ((at which federal or state officials are to be elected)) in an even-numbered year, the secretary of state shall publish and mail to each individual place of residence of the state a ((candidates')) pamphlet containing photographs and campaign statements of eligible candidates or nominees who ((desire to participate therein)) submit a statement, or a statement and a photograph, together with a campaign mailing address and telephone number submitted by the candidate or nominee ((at the nominee's option, and)).

(2) In even-numbered years ((containing)) the state general election pamphlet must include a description of the office of precinct committee officer and its duties((, in order that voters will understand that the office is a state office and will be found on the ballot of the forthcoming general election)).

(3) In odd-numbered years ((no candidates')) the secretary of state shall publish a candidates pamphlet ((may be published unless)) for the state primary and state general election only if an election is to be held to fill a vacancy in one or more of the following ((state-wide elective)) offices:  United States senator, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, superintendent of public instruction, commissioner of public lands, insurance commissioner, or justice of the supreme court.

    Sec. 3.  RCW 29.80.020 and 1984 c 54 s 2 are each amended to read as follows:

(1) At a time or times 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 candidate or nominee for the office of president and vice-president, 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 candidate or 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.

(2) 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; president and vice-president, 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.))

    Sec. 4.  RCW 29.80.030 and 1979 ex.s. c 57 s 4 are each amended to read as follows:

    (1) The secretary of state shall reject any statement offered for filing, ((which, in his)) that, in the secretary's opinion, contains any obscene, profane, libelous or defamatory matter, or any language or matter, the circulation of which through the mails is prohibited by congress.  ((Nor shall any)) No candidate or nominee may submit a photograph showing the uniform or insignia of any organization ((which)) that advocates or teaches racial or religious intolerance.

    (2) Within five days after ((such)) the rejection of a statement under this section, the person((s)) submitting ((such)) the statement for filing may appeal to ((a board of review, consisting of the superintendent of public instruction, attorney general and the lieutenant governor.  The decision of such board shall be final upon the acceptance or rejection of the matter thus in controversy)) the secretary of state.  The office of administrative hearings shall adjudicate the appeal under RCW 34.05.413 through 34.05.476.

    Sec. 5.  RCW 29.80.040 and 1984 c 54 s 3 are each amended to read as follows:

    The candidates' or nominees' statements, photographs, and the addresses and telephone numbers submitted by them ((as set forth in RCW 29.80.010 and 29.80.020)) shall be published by the secretary of state as a ((candidates')) pamphlet, the printing of which shall be completed as soon as possible before the state primary or state general election ((concerned)).  The overall dimensions of the pamphlet shall be determined by the secretary of state as those which in the secretary's judgment best serve the voters, and whenever possible before the applicable state general election, the candidates' ((pamphlet)) statement and photograph shall be combined with the voters' pamphlet as a single publication.

NEW SECTION. Sec. 6.  A new section is added to chapter 29.80 RCW to read as follows:

    The secretary of state shall allocate space in the pamphlet to candidates or nominees according to the respective offices sought.  Candidates or nominees will equally share prorated space based on the number of words allowed in the statement for that office under RCW 29.80.020.

    Sec. 7.  RCW 29.80.080 and 1981 c 243 s 1 are each amended to read as follows:

Before the applicable state primary and state general election, the secretary of state shall mail without charge taped transcripts of the ((candidates')) pamphlet to any requesting blind person or organization representing the blind.  Braille transcripts may also be mailed by the secretary of state to such persons or organizations.  Availability of these transcripts shall be publicized by the secretary of state through public service announcements and other appropriate means.

NEW SECTION. Sec. 8.  The following acts or parts of acts are each repealed:

(1) RCW 29.80.050 and 1971 ex.s c 145 s 3 & 1965 c 9 s 29.80.050; and

(2) RCW 29.80.060 and 1965 c 9 s 29.80.060.

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