5852.E

AN ACT Relating to the presidential preference primary; amending RCW 29.19.020, 29.19.030, 29.19.040, 29.19.050, 29.19.060, 29.19.080, and 29.81.014; and adding new sections to chapter 29.19 RCW.

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

Sec. 1. RCW 29.19.020 and 1989 c 4 s 2 are each amended to read as follows:

(1) On the ((~~fourth~~)) second Tuesday in ((~~May~~)) March of each year ((~~when~~)) in which a president of the United States is to be nominated and elected, or such other date as may be ((~~selected~~)) proposed by the secretary of state, and approved under subsection (2) of this section, to advance the concept of a regional primary, a presidential preference primary shall be held at which voters may express their preferences as to who should be the nominee of ((a)) each major political party for the office of president.

(2) The committee on the presidential primary must approve, by a majority vote, any change in the date of the presidential preference primary proposed by the secretary of state. The committee consists of the majority leader and the minority leader of the senate, the speaker and the minority leader of the house of representatives, the chair and the vice-chair of the state central committee of each major political party, and the secretary of state. The secretary of state shall convene the committee as needed and preside over its meetings. A committee member may appoint a designee to serve on his or her behalf.

NEW SECTION. Sec. 2. A new section is added to chapter 29.19 RCW to read as follows:

(1) On or before the first Tuesday in September of the calendar year before the year in which a president of the United States is to be nominated and elected, each major political party that will select some or all of the delegates from this state to the national nominating convention of that party shall submit to the secretary of state:

(a) A copy of the current rules of the national and state party;

(b) The call of convention for the national and state conventions (or similar document containing instructions and conditions for the conduct of the presidential nominating process by that party); and

(c) A plan or recommendations for participating in the presidential preference primary and implementing the rules and call of convention of that party in accordance with this chapter.

(2) The plan submitted by the party must include:

(a) The manner in and extent to which the party will employ the results of the presidential primary in determining the allocation of delegates to the national nominating convention; and

(b) The language of any declaration of party affiliation or other oath that a voter will be required to make under the rules of that party for his or her vote at the presidential preference primary to be counted with respect to the allocation of delegates to the national nominating convention of that party.

Sec. 3. RCW 29.19.030 and 1989 c 4 s 3 are each amended to read as follows:

The name of any candidate for a major political party nomination for president of the United States shall be printed on the presidential preference primary ballot ((~~of a major political party~~)) only:

(1) By direction of the secretary of state, who in the secretary's sole discretion has determined that the candidate's candidacy is generally advocated or is recognized in national news media; or

(2) If members of the political party of the candidate have presented a petition for nomination of the candidate that has attached to the petition a sheet or sheets containing the signatures of at least one thousand registered voters who declare themselves in the petition as being affiliated with the same political party as the presidential candidate. The petition shall be filed with the secretary of state not later than the ((~~thirty-ninth~~)) forty-fifth day before the presidential preference primary. The signature sheets shall also contain the printed name, residence address, and ((~~name or number of the precinct~~)) county of each registered voter whose signature appears thereon and shall be certified in the manner prescribed in RCW 29.79.200 and 29.79.210.

The secretary of state shall place the name of the candidate on the ballot unless the candidate, at least ((~~thirty-five~~)) forty days before the presidential preference primary, executes and files with the secretary of state an affidavit stating without qualification that he or she is not now and will not become a candidate for the office of president of the United States at the forthcoming presidential election. The secretary of state shall certify the names of all candidates who will appear on the presidential preference primary ballot to the respective county auditors ((~~on or before the fourth Tuesday in April of each presidential election year~~)) at least thirty-nine days before the presidential primary.

Sec. 4. RCW 29.19.040 and 1989 c 4 s 4 are each amended to read as follows:

The arrangement and form of presidential primary ballots shall be substantially as provided for any primary ((~~election~~)) within the state except as ((~~may be modified by~~)) provided under this chapter or by rule of the secretary of state ((~~as provided for in~~)) under RCW 29.19.070 to adequately reflect the requirements of the national party rules of a major political party or to implement the intent of this chapter.

((~~A separate ballot shall be prepared for each major political party that has candidates whose names have been authorized for placement on presidential preference primary ballots under RCW 29.19.030.~~)) The names of all candidates for ((~~a party's nomination for~~)) the office of president shall be listed alphabetically in a column on ((~~that party's~~)) the ballot. ((~~There shall be a printed box~~)) The political party of each candidate shall be indicated adjacent to the name of ((~~each~~)) that candidate. A blank space to allow the voter to write in the name of another candidate shall also be included on each ballot.

The ballot, in providing for a choice of candidates for the office of president, shall set forth only those candidates, with their political party affiliation, who have qualified for a place on the ballot under RCW 29.19.030.

Sec. 5. RCW 29.19.050 and 1989 c 4 s 5 are each amended to read as follows:

((~~Insofar as is practicable, and~~)) Except where necessary to accommodate the national rules of a major political party or where the provisions of this chapter do not specifically indicate otherwise, the presidential preference primary shall be conducted in the same manner as a state partisan primary, including the certification of the election returns by the secretary of state. The requirement of rotation of names on the ballot does not apply to the candidates listed on the presidential preference primary ballot. County auditors may combine and consolidate two or more precincts for the purpose of conducting the presidential preference primary only if precinct vote totals for the primary can still be made available ((~~and the consolidation does not require a voter to go to a location different from that of the last regular election~~)).

If a political party provides for a declaration under section 2(2)(b) of this act, the political party shall provide a separate form for each precinct of the state containing the declaration required by the rules of that party and a space or spaces for voters to sign and record any other information required by the rules of that party. Each person desiring to vote in the presidential preference primary shall ((~~receive a ballot request form on which the voter shall sign his or her name and address and declare the party primary in which he or she wishes to participate~~)) sign a precinct list of registered voters as required under RCW 29.51.060. A voter who wishes to subscribe to the additional declaration required by a political party shall also sign the form provided by that party.

The secretary shall prescribe rules for providing ((~~each party~~)) to the state central committee of a political party that requires a separate declaration under section 2(2)(b) of this act, a copy of those declarations or a list of the voters who participated in the presidential primary of that party.

((The signed ballot request forms shall be maintained in the centralized containers by the county auditor for a period of time as specified by rule of the secretary of state, after which time they shall be destroyed, unless otherwise directed by federal law.))

Voters who subscribe to an additional party declaration under section 2(2)(b) of this act shall be given ballots that are readily distinguishable from those given to other voters. The secretary of state shall provide by rule for uniform ballot formats and procedures for each type of voting equipment.

At a presidential preference primary, a voter may cast no more than one vote on a ballot. Any presidential preference primary ballot with more than one vote is void, and notice to this effect, couched in clear, simple language, and printed in large type, shall appear on the face of each presidential preference primary ballot. Where ((~~voting machines or~~)) electronic voting devices are in use, the notice shall be displayed on or about each ((~~machine or~~)) device.

NEW SECTION. Sec. 6. A new section is added to chapter 29.19 RCW to read as follows:

If the national rules of a major political party require an additional declaration for those voters who participate in the selection of some or all of the delegates from this state to the national nominating convention of that party, the votes cast by persons making this declaration must be tabulated and reported separately from other votes cast at the primary.

Sec. 7. RCW 29.19.060 and 1989 c 4 s 6 are each amended to read as follows:

(1) The ((~~results of the presidential preference primary shall determine the percentage~~)) number of delegate and alternate positions to be allocated by a major political party to each presidential candidate of that party must be determined according to the national rules of that political party. Selection of individuals to delegate and alternate positions shall be in compliance with applicable national and state party rules((, and to the extent practicable, delegates shall be apportioned among the state's congressional districts. Delegate positions shall be allocated to presidential candidates in the manner specified in subsection (3) of this section except as otherwise provided by national party rules)).

(2) All votes cast for a particular presidential candidate in a major political party's primary shall be considered votes for delegate positions committed to that candidate.

((Each candidate for a delegate position who is committed to a particular presidential candidate, before the selection of delegates, shall sign and submit to the appropriate party's state committee the following pledge:

~~Delegate Pledge~~

I, . . . . . ., do hereby swear that I am a supporter of . . . . . . for the office of President of the United States; and that if elected as a delegate to the . . . . . . Party National Convention I pledge to cast my ballot as a delegate to the convention for that candidate on the first two ballots unless released by the candidate, and I pledge furthermore to do all that I can to advance the cause of that candidate at the national convention.

(3) Except as otherwise provided by national party rules, delegate positions shall be allocated from the state at-large among presidential candidates who receive at least fifteen percent of the total votes cast for candidates of the same political party, or such other percentage as national party rules may provide. Each candidate so qualified shall be allocated a percentage of delegate positions equal to as nearly as practicable that candidate's percentage of the total votes cast for candidates of the same political party in the presidential preference primary. The votes of candidates who do not receive at least fifteen percent of the total votes cast in their parties' presidential preference primary shall be proportionately allocated to those candidates who did receive fifteen percent or more of the total votes cast in their parties' presidential preference primary.

~~(4)~~)) (3) If any presidential candidate, at any time after the presidential preference primary, formally releases the delegates or alternates holding positions committed to him or her ((~~under the formula established by subsection (3) of this section, the~~)), those delegates or alternates shall be considered uncommitted. The delegates or alternates holding positions committed to a candidate shall be considered formally released when the candidate so notifies, in writing, the chair of his or her party's delegation.

((~~(5)~~)) (4) In the event of the death of a candidate to whom delegate or alternate positions have been committed, ((~~all such~~)) those positions shall be considered uncommitted.

(((6) If no ballot choice on a political party ballot receives fifteen percent or more of the total votes cast, the state committee of the political party shall determine how delegate positions allotted to the state by the national committee shall be committed.

~~(7)~~)) (5) If a vacancy occurs in the position of delegate or alternate, the ((~~remaining delegates committed to the same preference as the vacating person shall name a person to fill the~~)) vacancy must be filled according to the national and state rules of that major political party.

NEW SECTION. Sec. 8. A new section is added to chapter 29.19 RCW to read as follows:

Where this chapter does not specifically indicate otherwise, mail ballot voting and absentee voting must be conducted as provided in chapter 29.36 RCW. If the national rules of a political party provide for an oath under section 2(2)(b) of this act, the secretary of state shall provide by rule for a form or other device containing the oath that the voter may complete and return along with the security envelope required under RCW 29.36.045. The secretary of state shall provide by rule for suitable instructions about this additional declaration to be provided to each absentee voter or mail ballot voter.

Sec. 9. RCW 29.19.080 and 1989 c 4 s 8 are each amended to read as follows:

Subject to available funds specifically appropriated for this purpose, whenever a presidential preference primary election is held as provided by this chapter, the state of Washington shall assume all costs of holding the election if it is held alone. If any other election or elections are held at the same time, the state is liable only for ((~~its~~)) a prorated share. The county auditor shall determine the election costs, including the state's prorated share, if applicable, in the manner provided under RCW 29.13.045 and shall file a certified claim ((~~therefore~~)) with the secretary of state. The secretary of state shall ((~~compile such claims for presentation to the next succeeding legislature in the same manner as other legislative relief claims~~)) include in his or her biennial budget requests sufficient funds to carry out this section. Reimbursements for election costs shall be from appropriations specifically provided by law for that purpose.

Sec. 10. RCW 29.81.014 and 1977 c 56 s 1 are each amended to read as follows:

(1) In each odd-numbered year immediately preceding a year in which a president of the United States is to be nominated and elected, the voter's pamphlet shall contain an insert or a detachable section explaining the presidential preference primary and the precinct caucus and convention process utilized by each major political party to ((~~elect~~)) select delegates to its national ((~~presidential candidate~~)) nominating convention. The information to be provided shall include, but not be limited to: (a) The dates of precinct caucuses, (b) instructions as to how to ascertain the names of current precinct ((~~committeepersons~~)) committee officers, precinct caucus chairpersons, the locations of precinct caucus meeting places, and the dates of county, district, and state conventions, (c) a description of the rules of procedure which will be used at caucuses and conventions, (d) the formulas utilized to allocate delegates elected at the precinct caucuses and at county, legislative district, congressional district, and state caucuses or conventions, and (e) a description of the other actions which may be taken at the caucuses and conventions in addition to selecting delegates. The content and format of this section of the voter's pamphlet shall be established by the secretary of state after consultation with the chairperson of the state central committee of each major political party, or his or her designated representative.

(2) The voter's pamphlet shall also provide a description of the statutory procedures by which minor political parties are formed and the statutory methods utilized by such parties to nominate candidates for president. The content and format of this description shall be established by the secretary of state.