CERTIFICATION OF ENROLLMENT
SENATE BILL 6321
Chapter 140, Laws of 2002
57th Legislature
2002 Regular Session
ELECTIONS--DECLARATION OF CANDIDACY--ELECTRONIC FILING
EFFECTIVE DATE: 6/13/02
Passed by the Senate February 14, 2002 YEAS 48 NAYS 0
BRAD OWEN President of the Senate
Passed by the House March 6, 2002 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 6321 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
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Approved March 26, 2002 |
FILED
March 26, 2002 - 9:15 a.m. |
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GARY LOCKE Governor of the State of Washington |
Secretary of State State of Washington |
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SENATE BILL 6321
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Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002 Regular Session
By Senators Gardner, McCaslin, Roach, T. Sheldon, Keiser, McAuliffe, Hale and Oke; by request of Secretary of State
Read first time 01/15/2002. Referred to Committee on State & Local Government.
AN ACT Relating to electronically filing declarations of candidacy; amending RCW 29.15.010 and 29.15.030; adding new sections to chapter 29.15 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 29.15.010 and 1990 c 59 s 82 are each amended to read as follows:
A candidate who desires to have his or her name printed on the ballot for election to an office other than president of the United States, vice president of the United States, or an office for which ownership of property is a prerequisite to voting shall complete and file a declaration and affidavit of candidacy. The secretary of state shall adopt, by rule, a declaration of candidacy form for the office of precinct committee officer and a separate standard form for candidates for all other offices filing under this chapter. Included on the standard form shall be:
(1) A place for the candidate to declare that he or she is a registered voter within the jurisdiction of the office for which he or she is filing, and the address at which he or she is registered;
(2) A place for the candidate to indicate the position for which he or she is filing;
(3) A place for the candidate to indicate a party designation, if applicable;
(4) A place for the candidate to indicate the amount of the filing fee accompanying the declaration of candidacy or for the candidate to indicate that he or she is filing a nominating petition in lieu of the filing fee under RCW 29.15.050;
(5) A place for the candidate to sign the declaration of candidacy, stating that the information provided on the form is true and swearing or affirming that he or she will support the Constitution and laws of the United States and the Constitution and laws of the state of Washington.
In the case of a declaration of candidacy filed electronically, submission of the form constitutes agreement that the information provided with the filing is true, that he or she will support the Constitutions and laws of the United States and the state of Washington, and that he or she agrees to electronic payment of the filing fee established in RCW 29.15.050.
The secretary of state may require any other information on the form he or she deems appropriate to facilitate the filing process.
NEW SECTION. Sec. 2. A new section is added to chapter 29.15 RCW to read as follows:
ELECTRONIC FILING. A candidate may file his or her declaration of candidacy for an office by electronic means on a system specifically designed and authorized by a filing officer to accept filings.
(1) Filings that are received electronically must capture all information specified in RCW 29.15.010 (1) through (4).
(2) Electronic filing may begin at 9:00 a.m. the fourth Monday in July and continue through 4:00 p.m. the following Friday.
(3) In case of special filing periods established in this chapter, electronic filings may be accepted beginning at 9:00 a.m. on the first day of the special filing period through 4:00 p.m. the last day of the special filing period.
NEW SECTION. Sec. 3. A new section is added to chapter 29.15 RCW to read as follows:
STANDARDS FOR ELECTRONIC FILING. The secretary of state as chief election officer may adopt rules, in accordance with chapter 34.05 RCW, to facilitate electronic filing and establish which jurisdictions are eligible to accept electronic filing. The rules must detail the circumstances under which the electronic filing of documents will be permitted, how the documents will be filed, and how the secretary of state will return filed documents. Such rules may also impose additional requirements related to implementation of electronic filing processes.
Sec. 4. RCW 29.15.030 and 1998 c 22 s 1 are each amended to read as follows:
Declarations of candidacy shall be filed with the following filing officers:
(1) The secretary of state for declarations of candidacy for statewide offices, United States senate, and United States house of representatives;
(2) The secretary of state for declarations of candidacy for the state legislature, the court of appeals, and the superior court when voters from a district comprising more than one county vote upon the candidates;
(3)
The county auditor for all other offices. For any nonpartisan office, other
than judicial offices and school director in joint districts, where voters from
a district comprising more than one county vote upon the candidates, a
declaration of candidacy shall be filed with the county auditor of the county
in which a majority of the registered voters of the district reside. For
school directors in joint school districts, the declaration of candidacy shall
be filed with the county auditor of the county designated by the state board of
education as the county to which the joint school district is considered as
belonging under RCW ((28A.315.380)) 28A.323.040.
Each
official with whom declarations of candidacy are filed under this section,
within one business day following the closing of the applicable filing period,
shall ((forward)) transmit to the public disclosure commission ((a
copy of)) the information required in RCW 29.15.010 (1) through (4) for
each declaration of candidacy filed in his or her office during such
filing period or a list containing the name of each candidate who files such a
declaration in his office during such filing period together with a precise
identification of the position sought by each such candidate and the date on which
each such declaration was filed. Such official, within three days following
his receipt of any letter withdrawing a person's name as a candidate, shall
also forward a copy of such withdrawal letter to the public disclosure
commission.
NEW SECTION. Sec. 5. The secretary of state may take the necessary steps to ensure that this act is implemented on its effective date.
NEW SECTION. Sec. 6. Section captions used in this act are not part of the law.
Passed the Senate February 14, 2002.
Passed the House March 6, 2002.
Approved by the Governor March 26, 2002.
Filed in Office of Secretary of State March 26, 2002.