Z-1335.1  _______________________________________________

 

                          HOUSE BILL 2334

          _______________________________________________

 

State of Washington      57th Legislature     2002 Regular Session

 

By Representatives McDermott, Romero, McMorris, D. Schmidt, Ruderman, Nixon and Ogden; by request of Secretary of State

 

Read first time 01/15/2002.  Referred to Committee on State Government.

Allowing candidates to file electronically.


    AN ACT Relating to electronically filing declarations of candidacy; amending RCW 29.15.010 and 29.15.030; adding new sections to chapter 29.15 RCW; and creating new sections.

 

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

 

    Sec. 1.  RCW 29.15.010 and 1990 c 59 s 82 are each amended to read as follows:

    A candidate who desires to have his or her name printed on the ballot for election to an office other than president of the United States, vice president of the United States, or an office for which ownership of property is a prerequisite to voting shall complete and file a declaration and affidavit of candidacy.  The secretary of state shall adopt, by rule, a declaration of candidacy form for the office of precinct committee officer and a separate standard form for candidates for all other offices filing under this chapter.  Included on the standard form shall be:

    (1) A place for the candidate to declare that he or she is a registered voter within the jurisdiction of the office for which he or she is filing, and the address at which he or she is registered;

    (2) A place for the candidate to indicate the position for which he or she is filing;

    (3) A place for the candidate to indicate a party designation, if applicable;

    (4) A place for the candidate to indicate the amount of the filing fee accompanying the declaration of candidacy or for the candidate to indicate that he or she is filing a nominating petition in lieu of the filing fee under RCW 29.15.050;

    (5) A place for the candidate to sign the declaration of candidacy, stating that the information provided on the form is true and swearing or affirming that he or she will support the Constitution and laws of the United States and the Constitution and laws of the state of Washington.

    In the case of a declaration of candidacy filed electronically, submission of the form constitutes agreement that the information provided with the filing is true, that he or she will support the Constitutions and laws of the United States and the state of Washington, and that he or she agrees to electronic payment of the filing fee established in RCW 29.15.050.

    The secretary of state may require any other information on the form he or she deems appropriate to facilitate the filing process.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 29.15 RCW to read as follows:

    ELECTRONIC FILING.  A candidate may file his or her declaration of candidacy for an office by electronic means on a system specifically designed and authorized by a filing officer to accept filings.

    (1) Filings that are received electronically must capture all information specified in RCW 29.15.010 (1) through (4).

    (2) Electronic filing may begin at 9:00 a.m. the fourth Monday in July and continue through 4:00 p.m. the following Friday.

    (3) In case of special filing periods established in this chapter, electronic filings may be accepted beginning at 9:00 a.m. on the first day of the special filing period through 4:00 p.m. the last day of the special filing period.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 29.15 RCW to read as follows:

    STANDARDS FOR ELECTRONIC FILING.  The secretary of state as chief election officer may adopt rules, in accordance with chapter 34.05 RCW, to facilitate electronic filing and establish which jurisdictions are eligible to accept electronic filing.  The rules must detail the circumstances under which the electronic filing of documents will be permitted, how the documents will be filed, and how the secretary of state will return filed documents.  Such rules may also impose additional requirements related to implementation of electronic filing processes.

 

    Sec. 4.  RCW 29.15.030 and 1998 c 22 s 1 are each amended to read as follows:

    Declarations of candidacy shall be filed with the following filing officers:

    (1) The secretary of state for declarations of candidacy for statewide offices, United States senate, and United States house of representatives;

    (2) The secretary of state for declarations of candidacy for the state legislature, the court of appeals, and the superior court when voters from a district comprising more than one county vote upon the candidates;

    (3) The county auditor for all other offices.  For any nonpartisan office, other than judicial offices and school director in joint districts, where voters from a district comprising more than one county vote upon the candidates, a declaration of candidacy shall be filed with the county auditor of the county in which a majority of the registered voters of the district reside.  For school directors in joint school districts, the declaration of candidacy shall be filed with the county auditor of the county designated by the state board of education as the county to which the joint school district is considered as belonging under RCW ((28A.315.380)) 28A.323.040.

    Each official with whom declarations of candidacy are filed under this section, within one business day following the closing of the applicable filing period, shall ((forward)) transmit to the public disclosure commission ((a copy of)) the information required in RCW 29.15.010 (1) through (4) for each declaration of candidacy filed in his or her office during such filing period or a list containing the name of each candidate who files such a declaration in his office during such filing period together with a precise identification of the position sought by each such candidate and the date on which each such declaration was filed.  Such official, within three days following his receipt of any letter withdrawing a person's name as a candidate, shall also forward a copy of such withdrawal letter to the public disclosure commission.

 

    NEW SECTION.  Sec. 5.  The secretary of state may take the necessary steps to ensure that this act is implemented on its effective date.

 

    NEW SECTION.  Sec. 6.  Section captions used in this act are not part of the law.

 


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