HOUSE BILL 2709
State of Washington 57th Legislature 2002 Regular Session
By Representatives Romero, Upthegrove, Ogden, Cooper, Grant and McDermott
Read first time 01/24/2002. Referred to Committee on State Government.
AN ACT Relating to minor party nominating conventions; amending RCW 29.24.020, 29.24.025, 29.24.030, 29.24.035, and 29.24.040; adding a new section to chapter 29.24 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. It is the intent of the legislature to protect the integrity of the election process for minor political parties and independent candidates. This act is not intended to create barriers to the political process for minor political parties and independent candidates, but to prevent major political parties from interfering in the nominating process for minor political parties and independent candidates.
Sec. 2. RCW 29.24.020 and 2001 c 30 s 2 are each amended to read as follows:
(1) Any nomination of a candidate for partisan public office by other than a major political party may be made only: (a) In a convention held not earlier than the last Saturday in June and not later than the first Saturday in July 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; (b) as provided by RCW 29.62.180; or (c) as otherwise provided in this section.
(2) Nominations of candidates for president and vice president of the United States other than by a major political party may be made either at a convention conducted under subsection (1) of this section, or at a similar convention taking place not earlier than the first Sunday in July and not later than seventy days before the general election. Conventions held during this time period may not nominate candidates for any public office other than president and vice president of the United States, except as provided in subsection (3) of this section.
(3) If a special filing period for a partisan office is opened under RCW 29.15.230, candidates of minor political parties and independent candidates may file for office during that special filing period. The names of those candidates may not appear on the ballot unless they are nominated by convention held no later than five days after the close of the special filing period and a certificate of nomination is filed with the filing officer no later than three days after the convention. The requirements of RCW 29.24.025 do not apply to such a convention. If primary ballots or a voters' pamphlet are ordered to be printed before the deadline for submitting the certificate of nomination and the certificate has not been filed, then the candidate's name will be included but may not appear on the general election ballot unless the certificate is timely filed and the candidate otherwise qualifies to appear on that ballot.
(4) 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, and the candidate or candidates nominated must be present at the convention.
Sec. 3. RCW 29.24.025 and 1989 c 215 s 1 are each amended to read as follows:
Each minor party or
independent candidate must publish a notice in a newspaper of general
circulation within the county in which the party or the candidate intends to
hold a convention and must file a notice with the appropriate filing officer
as provided in RCW 29.24.040(7). The notice must appear at least ten days
before the convention is to be held, ((
and)) shall state the date, time,
and place of the convention(( . Additionally, it)), and shall
include the mailing address of the person or organization sponsoring the
Sec. 4. RCW 29.24.030 and 1989 c 215 s 3 are each amended to read as follows:
(1) To be valid, a convention must be attended by at least twenty-five registered voters.
(2) In order to nominate candidates for the offices of president and vice-president of the United States, United States senator, or any state-wide office, a nominating convention shall obtain and submit to the filing officer the signatures of at least two hundred registered voters of the state of Washington. In order to nominate candidates for any other office, a nominating convention shall obtain and submit to the filing officer the signatures of twenty-five persons who are registered to vote in the jurisdiction of the office for which the nominations are made. No person who is a precinct committee officer may sign a nominating petition submitted under this chapter.
Sec. 5. RCW 29.24.035 and 2001 c 64 s 1 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 29.24.040(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. No person may sign the nominating petition before the candidate or candidates are nominated. No person who is a precinct committee officer may sign a nominating petition submitted under this chapter.
Sec. 6. RCW 29.24.040 and 1989 c 215 s 4 are each amended to read as follows:
A certificate evidencing nominations made at a convention must:
(1) Be in writing;
(2) Contain the name of each person nominated, his residence, and the office for which he is named, and if the nomination is for the offices of president and vice-president of the United States, a sworn statement from both nominees giving their consent to the nomination;
(3) Identify the minor political party or the independent candidate on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and secretary, neither of whom may be a precinct officer;
(5) Be accompanied by a nominating petition or petitions bearing the signatures and addresses of registered voters equal in number to that required by RCW 29.24.030;
(6) Contain proof of publication of the notice of calling the convention; and
(7) Be submitted to the appropriate filing officer not later than one week following the adjournment of the convention at which the nominations were made. If the nominations are made only for offices whose jurisdiction is entirely within one county, the certificate and nominating petitions must be filed with the county auditor. If a minor party or independent candidate convention nominates any candidates for offices whose jurisdiction encompasses more than one county, all nominating petitions and the convention certificates must be filed with the secretary of state.
NEW SECTION. Sec. 7. A new section is added to chapter 29.24 RCW to read as follows:
Every person who signs a nominating petition using other than his or her true name, who makes a false statement on a nominating petition as to his or her residence, who is not registered to vote in the jurisdiction of the office for which the nomination is made, who signs a nominating petition for a minor political party or an independent candidate while serving as a precinct committee officer, who knowingly signs more than one nominating petition for the same office, who signs a nominating petition before the candidate is nominated, who serves as a presiding officer or a secretary at a minor political party or independent candidate nominating convention while serving as a precinct committee officer, or who falsely verifies a certificate of nomination, is guilty of a gross misdemeanor punishable in the same manner as a gross misdemeanor is punishable under RCW 9A.20.021.
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