CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 5273

 

 

                    Chapter 46, Laws of 2001

 

 

                        57th Legislature

                      2001 Regular Session

 

 

ELECTIONS--FILING DATES

 

 

 

                    EFFECTIVE DATE:  7/22/01

Passed by the Senate March 14, 2001

  YEAS 49   NAYS 0

 

 

             ROSA FRANKLIN

President of the Senate

 

Passed by the House April 4, 2001

  YEAS 93   NAYS 0

             CERTIFICATE

 

I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5273 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

              FRANK CHOPP

Speaker of the House of Representatives

            TONY M. COOK

                            Secretary

 

 

 

             CLYDE BALLARD

Speaker of the House of Representatives

 

 

Approved April 17, 2001 Place Style On Codes above, and Style Off Codes below.      

                                FILED          

 

 

           April 17, 2001 - 9:10 a.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


           _____________________________________________

 

                         SENATE BILL 5273

           _____________________________________________

 

Passed Legislature ‑ 2001 Regular Session

 

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.

Revising election filing dates.      


    AN ACT Relating to election filing dates; and amending RCW 29.15.170, 29.15.180, 29.15.230, and 29.18.160.

 

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

 

    Sec. 1.  RCW 29.15.170 and 1975-'76 2nd ex.s. c 120 s 10 are each amended to read as follows:

    Filings for a nonpartisan 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 and by such other means as may now or hereafter be provided by law whenever before the ((fourth)) sixth Tuesday prior to a primary:

    (1) A void in candidacy occurs;

    (2) A vacancy occurs in any nonpartisan 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. 2.  RCW 29.15.180 and 1975-'76 2nd ex.s. c 120 s 11 are each amended to read as follows:

    Filings for a nonpartisan office (other than judge of the supreme court or superintendent of public instruction) 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 and by such other means as may now or hereafter be provided by law, when:

    (1) A void in candidacy for such nonpartisan office occurs on or after the ((fourth)) sixth Tuesday prior to a primary but prior to the ((fourth)) sixth Tuesday before an election; or

    (2) A nominee for judge of the superior court eligible after a contested primary for a certificate of election by Article 4, section 29, Amendment 41 of the state Constitution, dies or is disqualified within the ten day period ((when a petition for write- in candidacy may be received)) immediately following the last day allotted for a candidate to withdraw; or

    (3) A vacancy occurs in any nonpartisan office on or after the ((fourth)) sixth Tuesday prior to a primary but prior to the ((fourth)) sixth Tuesday before an election leaving an unexpired term to be filled by an election for which filings have not been held.

    The candidate receiving a plurality of the votes cast for that office in the general election shall be deemed elected.

 

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

    Filings for a partisan elective office shall be opened for a period of three normal business days whenever, on or after the first day of the regular filing period and before the ((fourth)) sixth Tuesday prior to a primary, a vacancy occurs in that office, leaving an unexpired term to be filled by an election for which filings have not been held.

    Any such special three-day filing period shall be fixed by the election officer with whom declarations of candidacy for that office are filed.  The election officer shall give notice of the special three-day filing period by notifying the press, radio, and television in the county or counties involved, and by such other means as may be required by law.

    Candidacies validly filed within the special three-day filing period shall appear on the primary ballot as if filed during the regular filing period.

 

    Sec. 4.  RCW 29.18.160 and 1977 ex.s. c 329 s 13 are each amended to read as follows:

    A vacancy caused by the death or disqualification of any candidate or nominee of a major or minor political party may be filled at any time up to and including the day prior to the election for that position.  For state partisan offices in any political subdivision voted on solely by electors of a single county, an individual shall be appointed to fill such vacancy by the county central committee in the case of a major political party or by the state central committee or comparable governing body in the case of a minor political party.  For other partisan offices, including federal or statewide offices, an individual shall be appointed to fill such vacancy by the state central committee or comparable governing body of the appropriate political party.

    Should such vacancy occur no later than the ((third)) sixth Tuesday prior to the state primary or general election concerned and the ballots ((and voting machine labels)) have been printed, it shall be mandatory that they be corrected by the appropriate election officers.  In making such correction, it shall not be necessary to reprint complete ballots if any other less expensive technique can be used and the resulting correction is reasonably clear.

    Should such vacancy occur after the ((third)) sixth Tuesday prior to said state primary or general election and time does not exist in which to correct ((paper)) ballots (including absentee ballots) ((or voting machine labels)), either in total or in part, then the votes cast or recorded for the person who has died or become disqualified shall be counted for the person who has been named to fill such vacancy.

    When the secretary of state is the person with whom the appointment by the major or minor political party is filed, he shall, in certifying candidates or nominations to the various county officers insert the name of the person appointed to fill a vacancy.

    In the event that the secretary of state has already sent forth his certificate when the appointment to fill a vacancy is filed with him, he shall forthwith certify to the county auditors of the proper counties the name and place of residence of the person appointed to fill a vacancy, the office for which he is a candidate or nominee, the party he represents and all other pertinent facts pertaining to the vacancy.


    Passed the Senate March 14, 2001.

    Passed the House April 4, 2001.

Approved by the Governor April 17, 2001.

    Filed in Office of Secretary of State April 17, 2001.