[atlas:bill]

AN ACT Relating to preserving the blanket primary by advancing to the general election ballot the two candidates receiving the most votes regardless of political party affiliation; amending RCW 29.30.085, 29.15.150, 29.15.160, 29.15.170, 29.15.190, 29.15.210, 29.15.220, 29.27.020, 29.30.101, 29.42.010, 29.42.020, 29.42.050, and 29.62.010; and repealing RCW 29.15.200, 29.15.230, 29.18.150, 29.18.160, and 29.30.095.

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

Sec. 1. RCW 29.30.085 and 1992 c 181 s 2 are each amended to read as follows:

(1) Except as provided in RCW 29.30.086 and in subsection (2) of this section, on the ballot at the general election for ((~~a nonpartisan~~)) an office for which a primary was held, only the names of the candidate who received the greatest number of votes and the candidate who received the next greatest number of votes for that office shall appear under the title of that office, and the names shall appear in that order. ((If a primary was conducted, no candidate's name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast for that office at the preceding primary.)) On the ballot at the general election for ((~~any other nonpartisan~~)) an office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW 29.30.025.

(2) On the ballot at the general election for the office of justice of the supreme court, judge of the court of appeals, judge of the superior court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that office or position, only the name of that candidate may be printed under the title of the office for that position.

Sec. 2. RCW 29.15.150 and 1973 c 4 s 3 are each amended to read as follows:

Whenever it shall be necessary to hold a special election in an odd-numbered year to fill an unexpired term of any office which is scheduled to be voted upon for a full term in an even-numbered year, no September primary election shall be held in the odd-numbered year if, after the last day allowed for candidates to withdraw, ((~~either of the following circumstances exist:~~

~~(1) No more than one candidate of each qualified political party has filed a declaration of candidacy for the same partisan office to be filled; or~~

~~(2)~~)) no more than two candidates have filed a declaration of candidacy for a single ((~~nonpartisan~~)) office to be filled.

In ((~~either~~)) this event, the officer with whom the declarations of candidacy were filed shall immediately notify all candidates concerned and the names of the candidates that would have been printed upon the September primary ballot, but for the provisions of this section, shall be printed as nominees for the positions sought upon the November general election ballot.

Sec. 3. RCW 29.15.160 and 1975-'76 2nd ex.s. c 120 s 9 are each amended to read as follows:

A void in candidacy for ((~~a nonpartisan~~)) an office occurs when an election for such office, except for the short term, has been scheduled and no valid declaration of candidacy has been filed for the position or all persons filing such valid declarations of candidacy have died or been disqualified.

Sec. 4. RCW 29.15.170 and 2001 c 46 s 1 are each amended to read as follows:

Filings for ((~~a nonpartisan~~)) an office shall be reopened for a period of three normal business days, such three day period to be fixed by the election officer with whom such declarations of candidacy are filed and notice thereof given by notifying press, radio, and television in the county or counties involved and by such other means as may now or hereafter be provided by law whenever before the sixth Tuesday prior to a primary:

(1) A void in candidacy occurs;

(2) A vacancy occurs in ((~~any nonpartisan~~)) an office leaving an unexpired term to be filled by an election for which filings have not been held; or

(3) A nominee for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29, Amendment 41 of the state Constitution, dies or is disqualified.

Candidacies validly filed within said three-day period shall appear on the ballot as if made during the earlier filing period.

Sec. 5. RCW 29.15.190 and 1975-'76 2nd ex.s. c 120 s 12 are each amended to read as follows:

A scheduled election shall be lapsed, the office deemed stricken from the ballot, no purported write-in votes counted, and no candidate certified as elected, when:

(1) In an election for judge of the supreme court ((or)), superintendent of public instruction, or a partisan office, a void in candidacy occurs on or after the fourth Tuesday prior to a primary, public filings and the primary being an indispensable phase of the election process for such offices;

(2) Except as otherwise specified in RCW 29.15.180, as now or hereafter amended, a nominee for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29, Amendment 41 of the state Constitution dies or is disqualified on or after the fourth Tuesday prior to a primary;

(3) In other elections for nonpartisan office a void in candidacy occurs or a vacancy occurs involving an unexpired term to be filled on or after the fourth Tuesday prior to an election.

Sec. 6. RCW 29.15.210 and 1972 ex.s. c 61 s 5 are each amended to read as follows:

The election officer with whom declarations of candidacy are filed shall give notice of a void in candidacy for ((~~a nonpartisan~~)) an office((,)) by notifying press, radio, and television in the county or counties involved and by such other means as may now or hereafter be provided by law. The notice shall state the office, and the time and place for filing declarations of candidacy.

Sec. 7. RCW 29.15.220 and 1972 ex.s. c 61 s 6 are each amended to read as follows:

Filings to fill a void in candidacy for ((~~nonpartisan~~)) an office shall be made in the same manner and with the same official as required during the regular filing period for such office: PROVIDED, That nominating signature petitions which may be required of candidates filing for certain district offices during the normal filing period shall not be required of candidates filing during the special three day filing period.

Sec. 8. RCW 29.27.020 and 1990 c 59 s 8 are each amended to read as follows:

On or before the day following the last day allowed for ((~~political parties to fill vacancies in the ticket as provided by RCW 29.18.150~~)) candidates to withdraw under RCW 29.15.120, the secretary of state shall certify to each county auditor a list of the candidates who have filed declarations of candidacy in his or her office for the primary. For each office, the certificate shall include the name of each candidate, his or her address, and his or her party designation, if any.

Sec. 9. RCW 29.30.101 and 1999 c 298 s 11 are each amended to read as follows:

The names of the persons certified as nominees by the secretary of state or the county canvassing board shall be printed on the ballot at the ensuing election.

No name of any candidate whose nomination at a primary is required by law shall be placed upon the ballot at a general or special election unless it appears upon the certificate of either (1) the secretary of state((,)) or (2) the county canvassing board((~~, or (3) a minor party convention or the state or county central committee of a major political party to fill a vacancy on its ticket under RCW 29.18.160~~)).

Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, a candidate's name shall not appear more than once upon a ballot for a position regularly nominated or elected at the same election.

Sec. 10. RCW 29.42.010 and 1977 ex.s. c 329 s 16 are each amended to read as follows:

Each political party organization shall have the power to:

(1) Make its own rules and regulations;

(2) Call conventions;

(3) Elect delegates to conventions, state and national;

(4) ((~~Fill vacancies on the ticket;~~

~~(5)~~)) Provide for the nomination of presidential electors; and

((~~(6)~~)) (5) Perform all functions inherent in such an organization((~~: PROVIDED, That only major political parties shall have the power to designate candidates to appear on the state primary election ballot as provided in RCW 29.18.150 as now or hereafter amended~~)).

Sec. 11. RCW 29.42.020 and 1987 c 295 s 11 are each amended to read as follows:

The state committee of each major political party shall consist of one committeeman and one committeewoman from each county elected by the county committee at its organization meeting. It shall have a chair and vice-chair who must be of opposite sexes. This committee shall meet during January of each odd-numbered year for the purpose of organization at a time and place designated by a sufficient notice to all the newly elected state committeemen and committeewomen by the authorized officers of the retiring committee. For the purpose of this section a notice mailed at least one week prior to the date of the meeting shall constitute sufficient notice. At its organizational meeting it shall elect its chair and vice-chair, and such officers as its bylaws may provide, and adopt bylaws, rules and regulations. It shall have power to:

(1) Call conventions at such time and place and under such circumstances and for such purposes as the call to convention shall designate. The manner, number and procedure for selection of state convention delegates shall be subject to the committee's rules and regulations duly adopted;

(2) Provide for the election of delegates to national conventions;

(3) ((~~Fill vacancies on the ticket for any federal or state office to be voted on by the electors of more than one county;~~

~~(4)~~)) Provide for the nomination of presidential electors; and

((~~(5)~~)) (4) Perform all functions inherent in such an organization.

Notwithstanding any provision of this chapter, the committee shall not set rules which shall govern the conduct of the actual proceedings at a party state convention.

Sec. 12. RCW 29.42.050 and 1991 c 363 s 34 are each amended to read as follows:

The statutory requirements for filing as a candidate at the primaries shall apply to candidates for precinct committee officer except that the filing period for this office alone shall be extended to and include the second Friday immediately following the last day for ((~~political parties to fill vacancies in the ticket as provided by RCW 29.18.150~~)) the filing of declarations of candidacy under RCW 29.15.020, and the office shall not be voted upon at the primaries, but the names of all candidates must appear under the proper party and office designations on the ballot for the general November election for each even-numbered year and the one receiving the highest number of votes shall be declared elected: PROVIDED, That to be declared elected, a candidate must receive at least ten percent of the number of votes cast for the candidate of the candidate's party receiving the greatest number of votes in the precinct. Any person elected to the office of precinct committee officer who has not filed a declaration of candidacy shall pay the fee of one dollar to the county auditor for a certificate of election. The term of office of precinct committee officer shall be for two years, commencing upon completion of the official canvass of votes by the county canvassing board of election returns. Should any vacancy occur in this office by reason of death, resignation, or disqualification of the incumbent, or because of failure to elect, the respective county chair of the county central committee shall be empowered to fill such vacancy by appointment: PROVIDED, HOWEVER, That in legislative districts having a majority of its precincts in a county with a population of one million or more, such appointment shall be made only upon the recommendation of the legislative district chair: PROVIDED, That the person so appointed shall have the same qualifications as candidates when filing for election to such office for such precinct: PROVIDED FURTHER, That when a vacancy in the office of precinct committee officer exists because of failure to elect at a state general election, such vacancy shall not be filled until after the organization meeting of the county central committee and the new county chair selected as provided by RCW 29.42.030.

Sec. 13. RCW 29.62.010 and 1990 c 59 s 62 are each amended to read as follows:

Every canvassing board or officer responsible for canvassing and certifying the returns of any primary or election shall:

(1) Adopt administrative rules to facilitate and govern the canvassing process in that jurisdiction;

(2) For each primary and election, prepare and sign a statement of the returns for each office, candidate, and issue voted on in that jurisdiction;

(3) If, at a ((~~partisan~~)) primary, two or more candidates of the same party receive the second greatest, and identical, number of votes for an office or position, resolve the tie vote by lot((;

~~(4) If, at a nonpartisan or judicial primary, two or more candidates receive the second greatest, and identical, number of votes for that office or position, resolve the tie vote by lot~~)).

NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:

(1) RCW 29.15.200 (Lapse of election when no filing for single positions--Effect) and 1994 c 223 s 8 & 1975-'76 2nd ex.s. c 120 s 13;

(2) RCW 29.15.230 (Vacancy in partisan elective office--Special filing period) and 2001 c 46 s 3 & 1981 c 180 s 2;

(3) RCW 29.18.150 (Vacancies on major party ticket caused by no filing--How filled) and 1990 c 59 s 102, 1977 ex.s. c 329 s 12, & 1965 c 9 s 29.18.150;

(4) RCW 29.18.160 (Vacancies by death or disqualification--How filled--Correcting ballots and labels--Counting votes already cast) and 2001 c 46 s 4 & 1977 ex.s. c 329 s 13; and

(5) RCW 29.30.095 (Partisan candidates qualified for general election) and 1990 c 59 s 96.