S‑0354.1   _____________________________________________

SENATE BILL 5273

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Gardner, McCaslin, Haugen and Winsley

Read first time 01/17/2001.  Referred to Committee on State & Local Government.

_1      AN ACT Relating to election filing dates; and amending RCW

_2  29.15.170, 29.15.180, 29.15.230, and 29.18.160.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 29.15.170 and 1975-'76 2nd ex.s. c 120 s 10 are each

_5  amended to read as follows:

_6      Filings for a nonpartisan office shall be reopened for a period

_7  of three normal business days, such three day period to be fixed

_8  by the election officer with whom such declarations of candidacy

_9  are filed and notice thereof given by notifying press, radio, and

10  television in the county and by such other means as may now or

11  hereafter be provided by law whenever before the ((fourth)) sixth

12  Tuesday prior to a primary:

13      (1) A void in candidacy occurs;

14      (2) A vacancy occurs in any nonpartisan office leaving an

15  unexpired term to be filled by an election for which filings have

16  not been held; or

17      (3) A nominee for judge of the superior court entitled to a

18  certificate of election pursuant to Article 4, section 29,

19  Amendment 41 of the state Constitution, dies or is disqualified.

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_1      Candidacies validly filed within said three-day period shall

_2  appear on the ballot as if made during the earlier filing period.

_3      Sec. 2.  RCW 29.15.180 and 1975-'76 2nd ex.s. c 120 s 11 are each

_4  amended to read as follows:

_5      Filings for a nonpartisan office (other than judge of the

_6  supreme court or superintendent of public instruction) shall be

_7  reopened for a period of three normal business days, such three

_8  day period to be fixed by the election officer with whom such

_9  declarations of candidacy are filed and notice thereof given by

10  notifying press, radio, and television in the county and by such

11  other means as may now or hereafter be provided by law, when:

12      (1) A void in candidacy for such nonpartisan office occurs on

13  or after the ((fourth)) sixth Tuesday prior to a primary but prior

14  to the ((fourth)) sixth Tuesday before an election; or

15      (2) A nominee for judge of the superior court eligible after a

16  contested primary for a certificate of election by Article 4,

17  section 29, Amendment 41 of the state Constitution, dies or is

18  disqualified within the ten day period ((when a petition for write-

19  in candidacy may be received)) immediately following the last day

20  alloted for a candidate to withdraw; or

21      (3) A vacancy occurs in any nonpartisan office on or after the

22  ((fourth)) sixth Tuesday prior to a primary but prior to the

23  ((fourth)) sixth Tuesday before an election leaving an unexpired

24  term to be filled by an election for which filings have not been

25  held.

26      The candidate receiving a plurality of the votes cast for that

27  office in the general election shall be deemed elected.

28      Sec. 3.  RCW 29.15.230 and 1981 c 180 s 2 are each amended to read

29  as follows:

30      Filings for a partisan elective office shall be opened for a

31  period of three normal business days whenever, on or after the

32  first day of the regular filing period and before the ((fourth))

33  sixth Tuesday prior to a primary, a vacancy occurs in that office,

34  leaving an unexpired term to be filled by an election for which

35  filings have not been held.

36      Any such special three-day filing period shall be fixed by the

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_1  election officer with whom declarations of candidacy for that

_2  office are filed.  The election officer shall give notice of the

_3  special three-day filing period by notifying the press, radio, and

_4  television in the county or counties involved, and by such other

_5  means as may be required by law.

_6      Candidacies validly filed within the special three-day filing

_7  period shall appear on the primary ballot as if filed during the

_8  regular filing period.

_9 

10      Sec. 4.  RCW 29.18.160 and 1977 ex.s. c 329 s 13 are each amended

11  to read as follows:

12      A vacancy caused by the death or disqualification of any

13  candidate or nominee of a major or minor political party may be

14  filled at any time up to and including the day prior to the

15  election for that position.  For state partisan offices in any

16  political subdivision voted on solely by electors of a single

17  county, an individual shall be appointed to fill such vacancy by

18  the county central committee in the case of a major political

19  party or by the state central committee or comparable governing

20  body in the case of a minor political party.  For other partisan

21  offices, including federal or statewide offices, an individual

22  shall be appointed to fill such vacancy by the state central

23  committee or comparable governing body of the appropriate

24  political party.

25      Should such vacancy occur no later than the ((third)) sixth

26  Tuesday prior to the state primary or general election concerned

27  and the ballots ((and voting machine labels)) have been printed,

28  it shall be mandatory that they be corrected by the appropriate

29  election officers.  In making such correction, it shall not be

30  necessary to reprint complete ballots if any other less expensive

31  technique can be used and the resulting correction is reasonably

32  clear.

33      Should such vacancy occur after the ((third)) sixth Tuesday

34  prior to said state primary or general election and time does not

35  exist in which to correct ((paper)) ballots (including absentee

36  ballots) ((or voting machine labels)), either in total or in part,

37  then the votes cast or recorded for the person who has died or

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_1  become disqualified shall be counted for the person who has been

_2  named to fill such vacancy.

_3      When the secretary of state is the person with whom the

_4  appointment by the major or minor political party is filed, he

_5  shall, in certifying candidates or nominations to the various

_6  county officers insert the name of the person appointed to fill a

_7  vacancy.

_8      In the event that the secretary of state has already sent forth

_9  his certificate when the appointment to fill a vacancy is filed

10  with him, he shall forthwith certify to the county auditors of the

11  proper counties the name and place of residence of the person

12  appointed to fill a vacancy, the office for which he is a

13  candidate or nominee, the party he represents and all other

14  pertinent facts pertaining to the vacancy.

‑‑‑ END ‑‑‑

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