S-2059

AN ACT Relating to the process for election to Washington state and federal elective office, except governor and other executive offices; amending RCW 29.18.200 and 29.65.050; adding a new chapter to Title 29 RCW; creating a new section; and repealing RCW 29.30.085.

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

NEW SECTION. Sec. 1. FINDINGS AND PURPOSE. The legislature finds that it is in the public interest to adopt a voting system in which all successful candidates must win by a majority vote rather than a plurality of effective votes and that allows voters to vote secondary and other preferences in case their favorite candidate is not elected. A system known as instant runoff voting achieves that purpose. The legislature further finds that voter interest and participation in elections will increase because a voter has more choices and all votes will be more meaningful than under the present system. It is in the interest of participatory democracy that voters be given the opportunity to vote their true beliefs with their first choice votes, while still making effective secondary choices among the remaining acceptable candidates.

NEW SECTION. Sec. 2. DEFINITIONS. The definitions set forth in this section apply throughout this chapter.

(1) "Instant runoff voting" means a system of voting whereby voters may rank three or more candidates for the same office in order of preference, so that voters may indicate a first choice, a second choice, and so on for as many of the candidates for the office as they wish, up to the maximum number of choices allowed.

(2) "Choice" means an indication on a ballot of a voter's ranking of candidates for a particular office according to the voter's preference.

(3) "Vote" means a ballot choice that is counted toward election of a candidate. All first choices are votes, and lower ranked choices are potential votes that may be credited to a candidate, and thus become votes for the candidate, according to the rules stated in this chapter.

(4) "Stage" or "stage in the counting" means a step in counting votes, where votes for all remaining candidates are counted to determine whether a candidate has achieved a majority and, if not, which candidate or candidates are eliminated.

(5) "Next choice" means the highest ranked choice for a remaining candidate that has not become a vote at the stage referred to.

(6) "Last place candidate" means a candidate who has received the fewest votes among the candidates who remain at any stage. Two or more candidates simultaneously become last place candidates where their combined votes add up to less than all votes for the candidate with the next highest number of votes.

(7) "Exhausted ballot" means a ballot on which all available choices have been used; for example, all choices made on the ballot have become votes for the various candidates so indicated or contain choices for eliminated candidates or both and no other choices remain.

(8) "Continuing ballot" means a ballot that is not exhausted.

(9) "Remaining candidate" means a candidate who has not been eliminated. "Candidates who remain" are all those who have not been eliminated at the stage referred to.

NEW SECTION. Sec. 3. INSTANT RUNOFF VOTING. The instant runoff system of voting is adopted in this state in the manner specified in this chapter for all applicable elections.

NEW SECTION. Sec. 4. COUNTING OF BALLOTS. (1) General Explanation. In general, instant runoff counting proceeds in the following manner: First by counting all votes. If a candidate receives a majority of votes he or she is elected. If no candidate receives a majority on the first or any subsequent stage then the last place candidate at each stage is eliminated. The next choices on ballots for an eliminated candidate become votes for the candidates indicated in those choices, and this process continues until all but one candidate has been eliminated.

(2) Specific Rules and Procedures. The following specific rules and procedures, subject to the conditions of section 5 of this act, govern how votes must be counted for each office subject to instant runoff voting:

(a) All first choices are counted first and if a candidate has obtained a majority of those votes that candidate is elected and counting ends.

(b) If no candidate receives a majority of votes at the first stage then second stage counting begins by eliminating the last place candidate and the second choices made on ballots for the eliminated candidate become votes for the second choice candidate indicated on those ballots. A candidate who receives a majority of votes at that stage is elected.

(c) If no candidate receives a majority at a previous stage then the last place candidate among the remaining candidates is eliminated and the next choices made on ballots for an eliminated candidate become votes for the candidate indicated on those ballots. A candidate who receives a majority of votes at that stage is elected.

(d) If at any stage in the counting there are two or more last place candidates, these candidates are eliminated simultaneously and the next choices made on ballots that had votes for all such eliminated candidates become votes for any candidates so indicated who remain.

(e) The counting process continues in this manner with successive last place candidates being eliminated and the next choices made on continuing ballots on which votes were cast for eliminated candidates are counted for the remaining candidate or candidates indicated by those choices until all but one candidate has been eliminated and that candidate is then elected.

NEW SECTION. Sec. 5. VOTING CONDITIONS AND LIMITATIONS. (1) Exhausted Ballots. (a) Once a ballot is exhausted it is disregarded and no longer counted.

(b) A ballot assigning the same ranking to more than one candidate for an office is exhausted when the duplicate ranking is reached, and in that case no vote is recorded for any of the duplicate candidates so chosen.

(c) If in a partisan primary election a voter makes a choice for a candidate for a particular office who is not a candidate of the party for which the voter has made a higher ranked choice, then that ballot is exhausted with respect to all subsequent choices for that office.

(2) Skipped Ranking. If a ballot choice skips a ranking, then the next ranking below the skipped choice is moved up and counted as though it were the rank of the skipped choice.

(3) Tie Votes. Ties between candidates occurring at any stage are resolved according to the general election laws of this state.

(4) Maximum Effective Choices. Only five choices for any one office are counted.

(5) Write-in Votes. Voters may write in one candidate for each office and assign a ranking to the write-in candidate along with candidates whose names are already on the ballot. Write-in candidates with fewer than ten votes are automatically eliminated in elections in jurisdictions where more than one thousand total ballots were cast in the previous election.

(6) Insufficient Choice Votes Made. If ballots do not contain sufficient effective second and lower choices for a particular office so that at the end of the counting no candidate achieves a majority then the candidate with the most votes credited to him or her is elected.

(7) Votes for Eliminated Candidates. No votes may be counted for a candidate who has been eliminated no matter how many second and lower ranked choices might otherwise have become votes for the candidate in a later stage. A second or lower ranked choice for an eliminated candidate will be treated as a skipped ranking.

NEW SECTION. Sec. 6. APPLICABILITY. (1) Offices Covered. This chapter applies to elections for the following offices:

(a) Members of the Washington state legislature;

(b) Judges of the supreme court, the court of appeals, the superior courts, and district courts of this state;

(d) Members of the United States senate and United States house of representatives.

(2) Elections Covered. This chapter applies to and governs voting in all primary, regular, and special elections where three or more candidates are running for the same office.

(3) Nonpartisan Primaries. Primaries for all nonpartisan offices are abolished, and there will be only a general election under instant runoff voting rules for these offices.

(4) This section applies only if RCW 29.18.200 does not apply.

NEW SECTION. Sec. 7. LOCAL OPTION AUTHORIZED. A county, city, town, special purpose district, school district, port district, or other governmental subdivision having elected officers may use instant runoff voting in its elections if adopted by appropriate action of its governing body.

NEW SECTION. Sec. 8. BALLOT SPECIFICATIONS AND DIRECTIONS TO VOTERS. Ballots should be simple and easy to understand. Sample ballots illustrating voting procedures must be posted in or near the voting booth, and included in the instruction packet of absentee ballots. Directions provided to voters must conform substantially to the following specifications:

"You may vote for candidates in order of preference. Indicate your first choice by marking the number "1" beside a candidate's name (or by marking in the column labeled "First Choice"), your second choice by marking the number "2" (or by marking in the column labeled "Second Choice"), your third choice by the number "3" (or marking the "Third Choice" column), and so on, for as many or as few choices as you wish from one up to a total of five. You are under no obligation to rank more than one candidate for each office, but ranking additional candidates will not affect your first choice candidate. Do not mark the same number beside more than one candidate (or put more than one mark in each column for the office you are voting on). Do not skip numbers."

NEW SECTION. Sec. 9. CHANGES IN VOTING DEVICES AND COUNTING METHODS. Appropriate election officials of this state may provide for the use of electronic, computerized, or other devices for marking, sorting, and counting the ballots and tabulating the results, and may modify the design and form of the ballots, the directions to voters, and the details with respect to the method of marking, sorting, invalidating, and retaining of ballots, and the counting of votes. No change may be made inconsistent with provisions, purposes, or principles of this chapter. Election officials should provide voters with a ballot that has a special design, format, or layout for offices to which instant runoff voting applies, but the parts of ballots for contests that have only one or two candidates for the same office may differ from the parts of a ballot to which instant runoff voting applies.

NEW SECTION. Sec. 10. The votes at the first stage will be used for the purposes of calculating the relative popularity of the various parties so they may receive federal election funds.

Sec. 11. RCW 29.18.200 and 1990 c 59 s 88 are each amended to read as follows:

(1) Except as provided otherwise in chapter 29.19 RCW, all properly registered voters may vote for their choice at any primary held under this title, for any candidate for each office, regardless of political affiliation and without a declaration of political faith or adherence on the part of the voter.

(2) This section applies only if all major political parties agree to a blanket primary as described in subsection (1) of this section by party rules at least one hundred twenty days before the date prescribed by RCW 29.13.070; otherwise chapter 29.-- RCW (sections 1 through 10 of this act) will apply.

Sec. 12. RCW 29.65.050 and 1965 c 9 s 29.65.050 are each amended to read as follows:

The clerk shall issue subpoenas for witnesses in such contested election at the request of either party, which shall be served by the sheriff or constable, as other subpoenas, and the superior court shall have full power to issue attachments to compel the attendance of witnesses who shall have been duly subpoenaed to attend if they fail to do so.

The court shall meet at the time and place designated to determine such contested election by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable, and may dismiss the proceedings if the statement of the cause or causes of contest is insufficient, or for want of prosecution. After hearing the proofs and allegations of the parties, the court shall pronounce judgment in the premises, either confirming or annulling and setting aside such election, according to the law and right of the case.

If in any such case it shall appear that another person than the one returned has the highest number of legal votes, said court shall declare such person duly elected, consistent with the requirements for instant runoff voting contained in chapter 29.-- RCW (sections 1 through 10 of this act).

NEW SECTION. Sec. 13. RCW 29.30.085 (Nonpartisan candidates qualified for general election) and 1992 c 181 s 2 & 1990 c 59 s 95 are each repealed.

NEW SECTION. Sec. 14. Sections 1 through 10 of this act constitute a new chapter in Title 29 RCW.

NEW SECTION. Sec. 15. Section captions used in this act are not part of the law.

NEW SECTION. Sec. 16. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.