HOUSE BILL 1230
State of Washington 57th Legislature 2002 Regular Session
By Representatives Schmidt, McMorris, Miloscia, Dunshee, Pearson, Talcott, Kessler, Pennington, Clements, Ogden, Sump, Linville, Darneille, Wood, Cooper, Gombosky, Skinner and Edmonds
Read first time 01/22/2001. Referred to Committee on State Government.
AN ACT Relating to changing primary dates and associated election procedures; amending RCW 29.13.070, 29.24.020, 29.24.035, 29.15.020, 29.15.120, 29.18.150, 29.15.170, 29.15.190, and 29.15.200; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 29.13.070 and 1977 ex.s. c 361 s 29 are each amended to read as follows:
for general elections to be held in November shall be held at the regular
polling places in each precinct on the ((
third)) second Tuesday
of the preceding (( September or on the seventh Tuesday immediately preceding
such general election, whichever occurs first)) August.
Sec. 2. RCW 29.24.020 and 1989 c 215 s 2 are each amended to read as follows:
Any nomination of a
candidate for partisan public office by other than a major political party
shall only be made either: (1) In a convention held not earlier than the ((
third Saturday in (( June)) May and not later than the (( first))
fourth Saturday in (( July)) May or during any of the seven
days immediately preceding the first day for filing declarations of candidacy
as fixed in accordance with RCW 29.68.080; or (2) as provided by RCW (( 29.51.170))
29.62.180. A minor political party may hold more than one convention
but in no case shall any such party nominate more than one candidate for any
one partisan public office or position. For the purpose of nominating
candidates for the offices of president and vice-president, United States
senator, or a statewide office, a minor party or independent candidate holding
multiple conventions may add together the number of signatures of different
individuals from each convention obtained in support of the candidate or
candidates in order to obtain the number required by RCW 29.24.030. For all
other offices for which nominations are made, signatures of the requisite
number of registered voters must be obtained at a single convention.
Sec. 3. RCW 29.24.035 and 1989 c 215 s 5 are each amended to read as follows:
A nominating petition
submitted under this chapter shall clearly identify the name of the minor party
or independent candidate convention as it appears on the certificate of
nomination as required by RCW ((
29.24.030(3))) 29.24.040(3). The
petition shall also contain a statement that the person signing the petition is
a registered voter of the state of Washington and shall have a space for the
voter to sign his or her name and to print his or her name and address. No
person may sign more than one nominating petition under this chapter for an
office for a primary or election.
Sec. 4. RCW 29.15.020 and 1990 c 59 s 81 are each amended to read as follows:
(1) Except where
otherwise provided by this title, declarations of candidacy for the following
offices shall be filed with the filing officer during the regular
filing period, which is during regular business hours ((
with the filing
officer no earlier than)) for five days beginning on the (( fourth))
second Monday in (( July and no later than)) June and ending on
the following Friday in the year in which the office is scheduled to be voted
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
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.
(2) If an eligible person has not filed a declaration of candidacy for a nonpartisan office during the regular filing period, the filing officer shall open a special filing period for declarations of candidacy for that office. This special filing period must be held during regular business hours for three consecutive days beginning on the first Monday after the close of the regular filing period and ending on the following Wednesday. If an eligible person has not filed for the nonpartisan office during this special filing period, the election is lapsed under RCW 29.15.200.
(3) If an eligible person has not filed a declaration of candidacy as a member of a major political party for a partisan office during the regular filing period, the filing officer shall open a special filing period for declarations of candidacy as a member of that major political party for that office. This special filing period must be held during regular business hours for three consecutive days beginning on the first Monday after the close of the regular filing period and ending on the following Wednesday. If an eligible person has not filed as a candidate of that major political party for that partisan office during this special filing period, the major political party may select and certify a nominee under RCW 29.18.150.
(4) Notice of a special filing period must be given by notifying press, radio, and television in the county and by such other means as provided by law.
(5) This section supersedes all other statutes that provide for a different filing period for these offices.
Sec. 5. RCW 29.15.120 and 1994 c 223 s 6 are each amended to read as follows:
A candidate who
filed for office during the regular filing period may withdraw his or her
declaration of candidacy at any time before the close of regular
business hours on ((
the Thursday following)) the last day (( for
candidates to file)) of the special filing period under RCW
29.15.020 by filing, with the officer with whom the declaration of candidacy
was filed, a signed request that his or her name not be printed on the ballot.
(( There shall be no withdrawal period for declarations of candidacy filed
during special filing periods held under this title.)) The filing officer
may permit the withdrawal of a filing for the office of precinct committee
officer at the request of the candidate at any time if no absentee ballots have
been issued for that office and the general election ballots for that precinct
have not been printed. The filing officer may permit the withdrawal of a
filing for any elected office of a city, town, or special district at the
request of the candidate at any time before a primary if the primary ballots
for that city, town, or special district have not been ordered. No filing fee
may be refunded to any candidate who withdraws under this section. Notice of
the deadline for withdrawal of candidacy and that the filing fee is not
refundable shall be given to each candidate at the time he or she files.
Sec. 6. RCW 29.18.150 and 1990 c 59 s 102 are each amended to read as follows:
a place on the ticket of a major political party (( be)) is vacant
because no person has filed for nomination as the candidate of that major
political party, after the last day allowed for candidates to withdraw as
provided by RCW 29.15.120, (( and if the vacancy is for a state or county
office to be voted on solely by the electors of a single county,)) the
county central committee of the major political party may select and certify a
candidate to fill the vacancy(( ;)) if the vacancy is for (( any other))
a state or county office to be voted on solely by the voters of a
single county, or the state central committee of the major political party
may select and certify a candidate to fill the vacancy(( ;)) if the
vacancy is for any other office.
must set forth the cause of the vacancy, the name of the person nominated, the
office for which he or she is nominated, and other pertinent
information required in an ordinary certificate of nomination and be filed in
the proper office no later than the first Friday after the ((
allowed for candidates to withdraw)) close of the regular filing period,
together with the candidate's fee applicable to that office and a declaration
Sec. 7. RCW 29.15.170 and 1975-'76 2nd ex.s. c 120 s 10 are each amended to read as follows:
Filings for a nonpartisan office shall be reopened after the special filing period for a period of three normal business days, such three-day period to be fixed by the election officer with whom such declarations of candidacy are filed and notice thereof given by notifying press, radio, and television in the county and by such other means as may now or hereafter be provided by law, whenever before the fourth Tuesday prior to a primary:
(1) A void in candidacy occurs for an office where one or more eligible persons had filed for the office during the regular or special filing period;
(2) A vacancy occurs in any nonpartisan office leaving an unexpired term to be filled by an election for which filings have not been held; or
(3) A nominee for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29, Amendment 41 of the state Constitution, dies or is disqualified.
filed within ((
said)) this three-day period shall appear on the
ballot as if made during the earlier regular or special filing period.
Sec. 8. RCW 29.15.190 and 1975-'76 2nd ex.s. c 120 s 12 are each amended to read as follows:
A scheduled election shall be lapsed, the office deemed stricken from the ballot, no purported write-in votes counted, and no candidate certified as elected, when:
(1) In an election for
judge of the supreme court or superintendent of public instruction, a void in
occurs)) exists on or after the fourth Tuesday (( prior
to)) before a primary, public filings and the primary being an
indispensable phase of the election process for such offices;
(2) Except as otherwise
specified in RCW 29.15.180, ((
as now or hereafter amended,)) a nominee
for judge of the superior court entitled to a certificate of election pursuant
to Article 4, section 29, Amendment 41 of the state Constitution dies or is
disqualified on or after the fourth Tuesday (( prior to)) before a
(3) In other elections
for nonpartisan office a void in candidacy ((
occurs)) exists or a
vacancy occurs involving an unexpired term to be filled on or after the fourth
Tuesday (( prior to)) before an election.
Sec. 9. RCW 29.15.200 and 1994 c 223 s 8 are each amended to read as follows:
If after ((
normal)) the regular filing period (( and)), special filing
period, and an additional three-day filing period (( as))
provided by RCW 29.15.170 and 29.15.180 have passed, no candidate has filed for
any single city, town, or district position to be filled, the election for (( such))
that position shall be deemed lapsed, the office deemed stricken from
the ballot and no write-in votes counted. In such instance, the incumbent
occupying such position shall remain in office and continue to serve until a
successor is elected at the next election when such positions are voted upon.
NEW SECTION. Sec. 10. This act takes effect January 1, 2002.
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