AN ACT Relating to
candidates for elected office; amending RCW 29.24.020, 29.24.035, and
29.30.020; adding a new section to chapter 29.27 RCW; and adding a new section
to chapter 29.24 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 29.27 RCW to read as follows:
In a year in which the
president and vice-president of the United States are to be elected, the
secretary of state shall include in the certification prepared under RCW
29.27.050 the names of all candidates for president and vice-president who, at
least fifty days before the general election, have certified a slate of
electors to the secretary of state under RCW 29.71.020 and have been nominated
either (1) by a major political party, as certified by the appropriate
authority under party rules, or (2) by a minor party or as independent
candidates under chapter 29.24 RCW. Major or minor political parties or
independent presidential candidates may substitute a different candidate for
vice-president for the one whose name appears on the party's certification or
nominating petition at any time before forty-five days before the general
election, by certifying the change to the secretary of state. Substitutions
must not be permitted to delay the printing of either ballots or a voters'
pamphlet. Substitutions are valid only if submitted under oath and signed by
the same individual who originally certified the nomination, or his or her
documented successor, and only if the substitute candidate consents in writing.
Sec. 2. RCW 29.24.020 and 1989 c
215 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 ((shall only be made either: (1))) 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; ((or (2))) (b) as
provided by RCW ((29.51.170.)) 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.
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.
NEW SECTION. Sec.
4. A new section is added
to chapter 29.24 RCW to read as follows:
(1) If two or more
valid certificates of nomination are filed purporting to nominate different
candidates for the same position using the same party name, the filing officer
must give effect to both certificates. If conflicting claims to the party name
are not resolved either by mutual agreement or by a judicial determination of
the right to the name, the candidates must be treated as independent
candidates. Disputes over the right to the name must not be permitted to delay
the printing of either ballots or a voters' pamphlet. Other candidates
nominated by the same conventions may continue to use the partisan affiliation
unless a court of competent jurisdiction directs otherwise.
(2) A person affected
may petition the superior court of the county in which the filing officer is
located for a judicial determination of the right to the name of a minor
political party, either before or after documents are filed with the filing
officer. The court shall resolve the conflict between competing claims to the
use of the same party name according to the following principles: (a) The
prior established public use of the name during previous elections by a party
composed of or led by the same individuals or individuals in documented
succession; (b) prior established public use of the name earlier in the same
election cycle; (c) the nomination of a more complete slate of candidates for a
number of offices or in a number of different regions of the state; (d)
documented affiliation with a national or statewide party organization with an
established use of the name; (e) the first date of filing of a certificate of
nomination; and (f) such other indicia of an established right to use of the
name as the court may deem relevant. If more than one filing officer is
involved, and one of them is the secretary of state, the petition must be filed
in the superior court for Thurston County. Upon resolving the conflict between
competing claims, the court may also address any ballot designation for the
candidate who does not prevail.
Sec. 5. RCW 29.30.020 and 1990 c
59 s 11 are each amended to read as follows:
(1) The
positions or offices on a primary ballot shall be arranged in substantially the
following order: United States senator; United States representative;
governor; lieutenant governor; secretary of state; state treasurer; state
auditor; attorney general; commissioner of public lands; superintendent of
public instruction; insurance commissioner; state senator; state
representative; county officers; justices of the supreme court; judges of the
court of appeals; judges of the superior court; and judges of the district
court. For all other jurisdictions on the primary ballot, the offices in each
jurisdiction shall be grouped together and be in the order of the position
numbers assigned to those offices, if any.
(2) The order of
the positions or offices on an election ballot shall be substantially the same
as on a primary ballot except that the offices of president and vice-president
of the United States shall precede all other offices on a presidential election
ballot. State ballot issues shall be placed before all offices on an election
ballot. The positions on a ballot to be assigned to ballot measures regarding
local units of government shall be established by the secretary of state by
rule.
(3)
The political party or independent candidacy of each candidate for partisan
office shall be indicated next to the name of the candidate on the primary and
election ballot. A candidate shall file a written notice with the filing
officer within three business days after the close of the filing period
designating the political party to be indicated next to the candidate's name on
the ballot if either: (a) The candidate has been nominated by two or more
minor political parties or independent conventions; or (b) the candidate has
both filed a declaration of candidacy declaring an affiliation with a major
political party and been nominated by a minor political party or independent
convention. If no written notice is filed the filing officer shall give effect
to the party designation shown upon the first document filed. A candidate may
be deemed nominated by a minor party or independent convention only if all
documentation required by chapter 29.24 RCW has been timely filed.
