6453 AMS KAST S5138.2
SB 6453 - S AMD TO S AMD (S-4961.3/04) 762
By Senators Kastama, Swecker
NOT ADOPTED 03/02/2004
Beginning on page 1, line 3 of the amendment, strike all of section 1
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 2, beginning on line 14 of the amendment, after "vote" strike all material through "candidate" on line 17 of the amendment
Beginning on page 2, line 18 of the amendment, strike all material through "immediately." on page 41, line 10 of the amendment and insert the following:
"PART 1 - PRIMARY
Sec. 101. RCW 29A.04.007 and 2003 c 111 s 102 are each amended to read as follows:
As used in this title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;
(b) A facsimile of the contents of a particular ballot whether printed on a paper ballot or ballot card or as part of a voting machine or voting device;
(c) A physical or electronic record of the choices of an individual voter in a particular primary, general election, or special election; or
(d) The physical document on which the voter's choices are to be recorded;
(2) "Paper ballot" means a piece of paper on which the ballot for a particular election or primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure and that is to be tabulated on a vote tallying system;
(4) "Sample ballot" means a printed facsimile of all the issues and offices on the ballot in a jurisdiction and is intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general election, or special election;
(5) "Provisional ballot" means a ballot issued to a voter at the polling place on election day by the precinct election board, for one of the following reasons:
(a) The voter's name does not appear in the poll book;
(b) There is an indication in the poll book that the voter has requested an absentee ballot, but the voter wishes to vote at the polling place;
(c) The voter asserts that he or she is registered in a different major political party from what appears in the poll book and wants to vote the party ballot of that different party;
(d) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote;
(6) "Party ballot" means a primary election ballot specific to a particular major political party listing all partisan offices to be voted on at that primary, and the candidates for those offices who affiliate with that same major political party, together with all nonpartisan races and ballot measures to be voted on at a primary;
(7) "Nonpartisan ballot" means a primary election ballot listing only nonpartisan races and ballot measures to be voted on at that primary election.
(8) "Party not participating in the primary" means: (a) A minor political party; or (b) a major political party if that major political party is required by section 301 or 302 of this act to nominate its candidates pursuant to RCW 29A.20.110 through 29A.20.200.
(9) "Party participating in the primary" means a major political party that is nominating its candidates pursuant to sections 157 through 160 of this act.
NEW SECTION. Sec. 102. A new section is added to chapter 29A.04 RCW to read as follows:
"Registered party member" means a registered voter who chooses to affiliate with a political party as part of his or her voter registration. Party affiliation as part of voter registration includes major and minor political parties. A registered voter is not required to affiliate with a political party to be eligible to vote in a primary or election.
NEW SECTION. Sec. 103. A new section is added to chapter 29A.04 RCW to read as follows:
"Unaffiliated voter" means a registered voter who is not a registered party member of any major political party.
Sec. 104. RCW 29A.04.215 and 2003 c 111 s 134 are each amended to read as follows:
The county auditor of each county shall be ex officio the supervisor of all primaries and elections, general or special, and it shall be the county auditor's duty to provide places for holding such primaries and elections; to appoint the precinct election officers and to provide for their compensation; to provide the supplies and materials necessary for the conduct of elections to the precinct election officers; and to publish and post notices of calling such primaries and elections in the manner provided by law. The notice of a ((general election)) primary held in an even-numbered year must indicate that the office of precinct committee officer will be on the party ballot. The auditor shall also apportion to each city, town, or district, and to the state of Washington in the odd-numbered year, its share of the expense of such primaries and elections. This section does not apply to general or special elections for any city, town, or district that is not subject to RCW 29A.04.320 and 29A.04.330, but all such elections must be held and conducted at the time, in the manner, and by the officials (with such notice, requirements for filing for office, and certifications by local officers) as provided and required by the laws governing such elections.
Sec. 105. RCW 29A.04.310 and 2003 c 111 s 143 are each amended to read as follows:
Nominating primaries for general elections to be held in November, and the election of precinct committee officers, must be held on the third Tuesday of the preceding September or on the seventh Tuesday immediately preceding such general election, whichever occurs first.
Sec. 106. RCW 29A.04.320 and 2003 c 111 s 144 are each amended to read as follows:
(1) All state, county, city, town, and district general elections for the election of federal, state, legislative, judicial, county, city, town, and district((, and precinct)) officers, and for the submission to the voters of the state, county, city, town, or district of any measure for their adoption and approval or rejection, shall be held on the first Tuesday after the first Monday of November, in the year in which they may be called. A statewide general election shall be held on the first Tuesday after the first Monday of November of each year. However, the statewide general election held in odd-numbered years shall be limited to (a) city, town, and district general elections as provided for in RCW 29A.04.330, or as otherwise provided by law; (b) the election of federal officers for the remainder of any unexpired terms in the membership of either branch of the Congress of the United States; (c) the election of state and county officers for the remainder of any unexpired terms of offices created by or whose duties are described in Article II, section 15, Article III, sections 16, 17, 19, 20, 21, 22, and 23, and Article IV, sections 3 and 5 of the state Constitution and RCW 2.06.080; (d) the election of county officers in any county governed by a charter containing provisions calling for general county elections at this time; and (e) the approval or rejection of state measures, including proposed constitutional amendments, matters pertaining to any proposed constitutional convention, initiative measures and referendum measures proposed by the electorate, referendum bills, and any other matter provided by the legislature for submission to the electorate.
(2) A county legislative authority may, if it deems an emergency to exist, call a special county election by presenting a resolution to the county auditor at least forty-five days prior to the proposed election date. Except as provided in subsection (4) of this section, a special election called by the county legislative authority shall be held on one of the following dates as decided by such governing body:
(a) The first Tuesday after the first Monday in February;
(b) The second Tuesday in March;
(c) The fourth Tuesday in April;
(d) The third Tuesday in May;
(e) The day of the primary as specified by RCW 29A.04.310; or
(f) The first Tuesday after the first Monday in November.
(3) In addition to the dates set forth in subsection (2)(a) through (f) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire, flood, earthquake, or other act of God. Such county special election shall be noticed and conducted in the manner provided by law.
(4) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29A.56 RCW, the date on which a special election may be called by the county legislative authority under subsection (2) of this section during the month of that primary is the date of the presidential primary.
(5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections except for those elections held pursuant to a home-rule charter adopted under Article XI, section 4 of the state Constitution. This section shall not be construed as fixing the time for holding primary elections, or elections for the recall of any elective public officer.
Sec. 107. RCW 29A.08.110 and 2003 c 111 s 206 are each amended to read as follows:
(1) On receipt of an application for voter registration under this chapter, the county auditor shall review the application to determine whether the information supplied is complete. An application that contains the applicant's name, complete valid residence address, date of birth, and signature attesting to the truth of the information provided on the application is complete. If it is not complete, the auditor shall promptly mail a verification notice of the deficiency to the applicant. This verification notice shall require the applicant to provide the missing information. If the verification notice is not returned by the applicant or is returned as undeliverable the auditor shall not place the name of the applicant on the county voter list. If the applicant provides the required information, the applicant shall be registered to vote as of the date of mailing of the original voter registration application. Party affiliation information is not required for a complete voter registration.
(2) If the information is complete, the applicant is considered to be registered to vote as of the date of mailing. The auditor shall record the appropriate precinct identification, taxing district identification, ((and)) date of registration, and party affiliation, if any, on the voter's record. Within forty-five days after the receipt of an application but no later than seven days before the next primary, special election, or general election, the auditor shall send to the applicant, by first class mail, an acknowledgement notice identifying the registrant's precinct and party affiliation, if any, and containing such other information as may be required by the secretary of state. The postal service shall be instructed not to forward a voter registration card to any other address and to return to the auditor any card which is not deliverable. If the applicant has indicated that he or she is registered to vote in another county in Washington but has also provided an address within the auditor's county that is for voter registration purposes, the auditor shall send, on behalf of the registrant, a registration cancellation notice to the auditor of that other county and the auditor receiving the notice shall cancel the registrant's voter registration in that other county. If the registrant has indicated on the form that he or she is registered to vote within the county but has provided a new address within the county that is for voter registration purposes, the auditor shall transfer the voter's registration.
(3) If an acknowledgement notice card is properly mailed as required by this section to the address listed by the voter as being the voter's mailing address and the notice is subsequently returned to the auditor by the postal service as being undeliverable to the voter at that address, the auditor shall promptly send the voter a confirmation notice. The auditor shall place the voter's registration on inactive status pending a response from the voter to the confirmation notice.
NEW SECTION. Sec. 108. A new section is added to chapter 29A.08 RCW to read as follows:
In addition to the information required by RCW 29A.08.010 for voter registration, the county auditor shall provide each voter an opportunity to affiliate with a major political party by checking the appropriate box, or to indicate that the voter wants to affiliate with a minor political party not listed, as part of his or her voter registration. A voter may choose any major or minor political party, or may make no party selection. Under no circumstances may an individual be required to affiliate with a political party in order to register to vote. Each voter who chooses to affiliate with a major political party as part of his or her voter registration is considered a "registered party member" of that political party so long as he or she maintains that affiliation as part of his or her voter registration. A voter who does not affiliate with any major party on his or her voter registration form will be considered to be an unaffiliated voter. A voter may not affiliate with more than one political party at a time, but may change his or her party affiliation information in a manner consistent with the procedures for changing a voter registration address, as provided in RCW 29A.08.140, 29A.08.145, and 29A.08.430: PROVIDED, HOWEVER, That a change of party affiliation made less than thirty days prior to a primary shall not be effective until the day after the primary.
No record may be created or maintained by a state or local governmental agency that identifies a voter with the votes cast by the voter.
Sec. 109. RCW 29A.08.125 and 2003 c 111 s 209 are each amended to read as follows:
Each county auditor shall maintain a computer file containing the records of all registered voters within the county. The auditor may provide for the establishment and maintenance of such files by private contract or through interlocal agreement as provided by chapter 39.34 RCW. The computer file must include, but not be limited to, each voter's last name, first name, middle initial, date of birth, residence address, gender, party affiliation, if any, date of registration, applicable taxing district and precinct codes, and the last date on which the individual voted. The county auditor shall subsequently record each consecutive date upon which the individual has voted and retain at least the last five such consecutive dates. If the voter has not voted at least five times since establishing his or her current registration record, only the available dates will be included.
Sec. 110. RCW 29A.08.135 and 2003 c 111 s 211 are each amended to read as follows:
The county auditor shall acknowledge each new voter registration or transfer of address or party affiliation by providing or sending the voter a card identifying his or her current precinct and party affiliation, if any, and containing such other information as may be prescribed by the secretary of state. When a person who has previously registered to vote in a jurisdiction applies for voter registration in a new jurisdiction, the person shall provide on the registration form, all information needed to cancel any previous registration. The county auditor shall forward any information pertaining to the voter's prior voter registration to the county where the voter was previously registered, so that registration may be canceled. If the prior voter registration is in another state, the notification must be made to the state elections office of that state. A county auditor receiving official information that a voter has registered to vote in another jurisdiction shall immediately cancel that voter's registration.
Sec. 111. RCW 29A.08.140 and 2003 c 111 s 212 are each amended to read as follows:
The registration files of all precincts shall be closed against original registration or transfers of address or party affiliation for thirty days immediately preceding every primary, special election, and general election to be held in such precincts.
The county auditor shall give notice of the closing of the precinct files for original registration and transfer and notice of the special registration and voting procedure provided by RCW 29A.08.145 by one publication in a newspaper of general circulation in the county at least five days before the closing of the precinct files.
No person may vote at any primary, special election, or general election in a precinct polling place unless he or she has registered to vote at least thirty days before that primary or election. If a person, otherwise qualified to vote in the state, county, and precinct in which he or she applies for registration, does not register at least thirty days before any primary, special election, or general election, he or she may register and vote ((by absentee ballot)) for that primary or election under RCW 29A.08.145.
Sec. 112. RCW 29A.08.145 and 2003 c 111 s 213 are each amended to read as follows:
This section establishes a special procedure which an elector may use to register to vote or change his or her voter registration address during the period beginning after the closing of registration for voting at the polls under RCW 29A.08.140 and ending on the fifteenth day before a primary, special election, or general election. A qualified elector in the ((county)) state may register to vote or change his or her registration address in person in the office of the county auditor or at a voter registration location specifically designated for this purpose by the county auditor of the county in which the applicant resides, and apply for an absentee ballot for that primary or election. The auditor or registration assistant shall register that individual in the manner provided in this chapter and provide an absentee ballot. If the elector is not registered to vote in Washington, and registers less than thirty days before a primary election, the absentee ballot or ballots must comply with RCW 29A.40.090, and the elector's party affiliation, if any. The application for an absentee ballot executed by the newly registered voter for the primary or election that follows the execution of the registration shall be promptly transmitted to the auditor with the completed voter registration form.
Sec. 113. RCW 29A.08.210 and 2003 c 111 s 216 are each amended to read as follows:
An applicant for voter registration shall complete an application providing the following information concerning his or her qualifications as a voter in this state:
(1) The address of the last former registration of the applicant as a voter in the state;
(2) The applicant's full name;
(3) The applicant's date of birth;
(4) The address of the applicant's residence for voting purposes;
(5) The mailing address of the applicant if that address is not the same as the address in subsection (4) of this section;
(6) The sex of the applicant;
(7) A declaration that the applicant is a citizen of the United States;
(8) The applicant's signature; and
(9) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.
The application must also include a box for the applicant to check in order to affiliate with a major political party or indicate affiliation with a minor political party not listed. Affiliation with a political party is not required for registration, and lack of party affiliation may not be used as grounds for not registering an applicant to vote.
This information shall be recorded on a single registration form to be prescribed by the secretary of state.
If the applicant fails to provide the information required for voter registration, the auditor shall send the applicant a verification notice. The auditor shall not register the applicant until the required information is provided. If a verification notice is returned as undeliverable or the applicant fails to respond to the notice within forty-five days, the auditor shall not register the applicant to vote.
The following warning shall appear in a conspicuous place on the voter registration form:
"If you knowingly provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine of up to ten thousand dollars, or both imprisonment and fine."
The voter registration form must include information on how to affiliate with a political party, and the fact that party affiliation is not required to register to vote.
Sec. 114. RCW 29A.08.340 and 2003 c 111 s 225 are each amended to read as follows:
(1) A person may register to vote((, transfer a voter registration,)) or change his or her voter registration name ((for voter registration purposes)), address, or party affiliation when he or she applies for or renews a driver's license or identification card under chapter 46.20 RCW.
(2) To register to vote((, transfer his or her voter registration,)) or change his or her voter registration name ((for voter registration purposes)), address, or party affiliation under this section, the applicant shall provide the information required by RCW 29A.08.210.
(3) The driver licensing agent shall record that the applicant has requested to register to vote or ((transfer a)) change voter ((registration)) address, or party affiliation.
Sec. 115. RCW 29A.08.350 and 2003 c 111 s 226 are each amended to read as follows:
(1) The secretary of state shall provide for the voter registration forms submitted under RCW 29A.08.340 to be collected from each driver's licensing facility within five days of their completion.
(2) The department of licensing shall produce and transmit to the secretary of state a machine-readable file containing the following information from the records of each individual who requested a voter registration or transfer at a driver's license facility during each period for which forms are transmitted under subsection (1) of this section: The name, address, date of birth, gender, and driver's license number of the applicant, the ((driver's license number)) applicant's party affiliation, if any, the date on which the application for voter registration or transfer was submitted, and the location of the office at which the application was submitted.
(3) The voter registration forms from the driver's licensing facilities must be forwarded to the county in which the applicant has registered to vote no later than ten days after the date on which the forms were to be collected.
(4) For a voter registration application where the address for voting purposes is different from the address in the machine-readable file received from the department of licensing, the secretary of state shall amend the record of that application in the machine-readable file to reflect the county in which the applicant has registered to vote.
(5) The secretary of state shall sort the records in the machine-readable file according to the county in which the applicant registered to vote and produce a file of voter registration transactions for each county. The records of each county may be transmitted on or through whatever medium the county auditor determines will best facilitate the incorporation of these records into the existing voter registration files of that county.
(6) The secretary of state shall produce a list of voter registration transactions for each county and transmit a copy of this list to that county with each file of voter registration transactions no later than ten days after the date on which that information was to be transmitted under subsection (1) of this section.
(7) If a registrant has indicated on the voter registration application form that he or she is registered to vote in another county in Washington but has also provided an address within the auditor's county that is for voter registration purposes, the auditor shall send, on behalf of the registrant, a registration cancellation notice to the auditor of that other county and the auditor receiving the notice shall cancel the registrant's voter registration in that other county. If the registrant has indicated on the form that he or she is registered to vote within the county but has provided a new address within the county that is for voter registration purposes, the auditor shall transfer the voter's registration.
Sec. 116. RCW 29A.08.360 and 2003 c 111 s 227 are each amended to read as follows:
(1) The department of licensing shall provide information on all persons changing their address on change of address forms submitted to the department unless the voter has indicated that the address change is not for voting purposes. This information will be transmitted to the secretary of state each week in a machine-readable file containing the following information on persons changing their address: The name, address, date of birth, gender, and driver's license number of the applicant, the applicant's ((driver's license number)) party affiliation, if any, the applicant's former address, the county code for the applicant's former address, and the date that the request for address change was received.
(2) The secretary of state shall forward this information to the appropriate county each week. When the information indicates that the voter has moved within the county, the county auditor shall use the change of address information to transfer the voter's registration and send the voter an acknowledgement notice of the transfer. If the information indicates that the new address is outside the voter's original county, the county auditor shall send the voter a registration by mail form at the voter's new address and advise the voter of the need to reregister in the new county. The auditor shall then place the voter on inactive status.
Sec. 117. RCW 29A.08.410 and 2003 c 111 s 228 are each amended to read as follows:
((To maintain a valid voter registration,)) A registered voter who changes his or her party affiliation, or residence from one address to another within the same county, shall transfer his or her registration ((to the new address)) information in one of the following ways: (1) Sending to the county auditor a signed request stating the voter's present and previous party affiliation or registration address ((and the address from which the voter was last registered)), as applicable; (2) appearing in person before the auditor and signing such a request; or (3) transferring the registration information in the manner provided by RCW 29A.08.430((; or (4) telephoning the county auditor to transfer the registration. The telephone call transferring a registration by telephone must be received by the auditor before the precinct registration files are closed to new registrations for the next primary or special or general election in which the voter participates)). A change in the voter's party affiliation made less than thirty days prior to a primary election is not effective until the day after the primary election.
Sec. 118. RCW 29A.08.430 and 2003 c 111 s 230 are each amended to read as follows:
(1) A person who is registered to vote in this state may transfer his or her voter registration information on the day of a special, primary, or general election ((or primary)) under the following procedures:
(a) The voter may complete, at the polling place, a registration transfer form designed by the secretary of state and supplied by the county auditor; or
(b) The voter may write in his or her new residential address in the precinct list of registered voters.
The county auditor shall determine which of these two procedures are to be used in the county or may determine that both procedures are to be available to voters for use in the county.
(2) A voter who transfers his or her registration in the manner authorized by this section shall vote in the precinct in which he or she was previously registered.
(3) The auditor shall, within ninety days, mail to each voter who has transferred a registration under this section a notice of his or her current precinct and polling place.
(4) A change in the voter's party affiliation made less than thirty days prior to a primary election is not effective until the day after the primary election.
Sec. 119. RCW 29A.08.645 and 2003 c 111 s 244 are each amended to read as follows:
The secretary of state shall create a standard electronic file format (state transfer form) to be used for the transfer of voter registration information between county auditors and the office of the secretary of state. The format must be prescribed by rule and contain at least the following information: Voter name, address, date of birth, party affiliation, if any, date of registration, mailing address, legislative and congressional district, and digitized signature image. Each county shall program its voter registration system to convert this data from the county's storage format into the state transfer format.
Sec. 120. RCW 29A.08.710 and 2003 c 111 s 246 are each amended to read as follows:
(1) The county auditor shall have custody of the voter registration records for each county. The original voter registration form must be filed without regard to precinct and is considered confidential and unavailable for public inspection and copying. An automated file of all registered voters must be maintained pursuant to RCW 29A.08.125. An auditor may maintain the automated file in lieu of filing or maintaining the original voter registration forms if the automated file includes all of the information from the original voter registration forms including, but not limited to, a retrievable facsimile of each voter's signature.
(2) The following information contained in voter registration records or files regarding a voter or a group of voters is available for public inspection and copying: The voter's name, gender, voting record, party affiliation, if any, date of registration, and registration number. The address and political jurisdiction of a registered voter are available for public inspection and copying except as provided by chapter 40.24 RCW. No other information from voter registration records or files is available for public inspection or copying, including an unaffiliated voter's choice of ballot under RCW 29A.44.230.
Sec. 121. RCW 29A.12.100 and 2003 c 111 s 310 are each amended to read as follows:
The secretary of state shall not approve a vote tallying system unless it:
(1) Correctly counts votes on ballots on which the proper number of votes have been marked for any office or issue;
(2) Ignores votes marked for any office or issue where more than the allowable number of votes have been marked, but correctly counts the properly voted portions of the ballot;
(3) Accumulates a count of the specific number of ballots tallied for each precinct, total votes by candidate for each office, and total votes for and against each issue of the ballot in that precinct;
(4) ((Accommodates rotation of candidates' names on the ballot under RCW 29A.36.140;
(5))) Produces precinct and cumulative totals in printed form; and
(((6))) (5) Except for functions or capabilities unique to this state, has been tested, certified, and used in at least one other state or election jurisdiction.
Sec. 122. RCW 29A.20.020 and 2003 c 111 s 502 are each amended to read as follows:
(1) A person filing a declaration of candidacy for an office shall, at the time of filing, be a registered voter and possess the qualifications specified by law for persons who may be elected to the office.
(2) Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, no person may file for more than one office. This subsection does not apply to the office of a member of the United States congress.
(3) The name of a candidate for an office shall not appear on a ballot for that office unless, except as provided in RCW 3.46.067 and 3.50.057, the candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to vote in the geographic area represented by the office, and, if seeking a partisan office, the candidate is qualified to run as a candidate of the party indicated or as an independent. For the purposes of this section, each geographic area in which registered voters may cast ballots for an office is represented by that office. If a person elected to an office must be nominated from a district or similar division of the geographic area represented by the office, the name of a candidate for the office shall not appear on a primary ballot for that office unless the candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to vote in that district or division. The officer with whom declarations of candidacy must be filed under this title shall review each such declaration filed regarding compliance with this subsection. This subsection does not apply to the office of a member of the United States Congress.
(4) ((This section does not apply to the office of a member of the United States Congress)) For a primary conducted in 2004, if a person filing a declaration of candidacy for a partisan office designates on his or her declaration an affiliation with a major political party, he or she must, at the time of filing, be a registered party member of that major political party. Beginning January 1, 2005, if a person filing a declaration of candidacy for a partisan office designates on his or her declaration an affiliation with a major political party, he or she must, at the time of filing: (a) Be a registered party member of that major political party; and (b)(i) be qualified to run as a candidate of that party according to the party's rules in effect on the fifth day of March preceding the filing; (ii) submit a petition substantially in the form required by RCW 29A.24.100(3) to the filing officer containing the signatures of registered party members of at least five percent of the registered party members of that party residing within the jurisdiction of the office sought as of the March 1st preceding the filing; or (iii) meet any party rules in effect on March 5th preceding the primary regarding the number of signatures required for ballot eligibility, provided that such rules may not exceed the five percent requirement of (b)(ii) of this subsection and the signatures shall be submitted substantially in the form required by RCW 29A.24.100(3). The candidate may gather petition signatures at any time after the first day of February preceding the primary, and may provide documentation and assistance to qualified electors desiring to register to vote, affiliate with a political party, or change party affiliation.
(5) If a person filing a declaration of candidacy for a partisan office designates on his or her declaration an affiliation with a minor political party or indicates that he or she is an independent candidate, he or she may not, at the time of filing, be a registered party member of any major political party.
(6) Within thirty days after the effective date of this section, each major political party shall file with the secretary of state a copy of its rules governing the eligibility of persons to seek election to public office using the party's name. The secretary of state shall place the text of the rules on its web site. A copy of any party's rules shall be publicly available upon request. If a major political party changes its rules governing the eligibility of persons to seek the nomination of the party to public office, the amended rules must be filed with the secretary of state and take effect no later than March 1st for purposes of any partisan primary conducted that year.
Sec. 123. RCW 29A.20.120 and 2003 c 111 s 506 are each amended to read as follows:
(1) Any nomination of a candidate for partisan public office by ((other than a major political party)) a party not participating in the primary may be made only: (a) In ((a)) conventions held not earlier than the last Saturday in ((June)) February and not later than the first Saturday in July or during any of the seven days immediately preceding the first day for filing declarations of candidacy as fixed in accordance with RCW 29A.28.040; (b) as provided by RCW 29A.60.020; or (c) as otherwise provided in this section. Candidates of a party not participating in the primary and independent candidates may appear only on the general election ballot.
(2) Nominations of candidates for president and vice president of the United States other than by a major political party may be made either at a convention conducted under subsection (1) of this section, or at a similar convention taking place not earlier than the first Sunday in July and not later than seventy days before the general election. Conventions held during this time period may not nominate candidates for any public office other than president and vice president of the United States, except as provided in subsection (3) of this section.
(3) If a special filing period for a partisan office is opened under RCW 29A.24.210, candidates of ((minor political)) parties not participating in the primary that year and independent candidates may file for office during that special filing period. The names of those candidates may not appear on the ballot unless they are nominated by convention held no later than five days after the close of the special filing period and a certificate of nomination is filed with the filing officer no later than three days after the convention. The requirements of RCW 29A.20.130 do not apply to such a convention. ((If primary ballots or a voters' pamphlet are ordered to be printed before the deadline for submitting the certificate of nomination and the certificate has not been filed, then the candidate's name will be included but may not appear on the general election ballot unless the certificate is timely filed and the candidate otherwise qualifies to appear on that ballot.))
(4) A ((minor political)) party not participating in the primary may hold more than one convention but in no case shall any such party nominate more than one candidate for any one partisan public office or position. ((For the purpose of nominating candidates for the offices of president and vice president, United States senator, or a statewide office, minor party or)) A candidate of a party not participating in the primary or an independent candidate holding multiple conventions may add together the number of signatures of different individuals from each convention obtained in support of the candidate or candidates in order to obtain the number required by RCW 29A.20.140. ((For all other offices for which nominations are made, signatures of the requisite number of registered voters must be obtained at a single convention.))
Sec. 124. RCW 29A.20.140 and 2003 c 111 s 508 are each amended to read as follows:
(1) To be valid, a convention must be attended by at least ((twenty-five)) one hundred registered voters, not including registered party members of a party participating in the primary. A candidate of a party not participating in the primary or an independent candidate holding multiple conventions may add together the number of different individuals attending different conventions in order to obtain the required number of registered voters.
(2) In order to nominate candidates for the offices of president and vice president of the United States, United States senator, or any statewide office, a nominating convention shall obtain and submit to the filing officer the signatures of at least ((two hundred)) one thousand registered voters of the state of Washington, not including the signatures of registered party members of a party participating in the primary. A candidate of a party not participating in the primary or an independent candidate holding multiple conventions may add together the number of signatures of different individuals from different conventions in order to obtain the required number of required signatures. In order to nominate candidates for any other office, a nominating convention shall obtain and submit to the filing officer the signatures of ((twenty-five)) one hundred persons who are registered to vote in the jurisdiction of the office for which the nominations are made, none of whom may be registered party members of a major political party.
(3) A person signing a nominating petition for a candidate of a party not participating in the primary shall be limited to voting a nonpartisan ballot at the subsequent primary election and may not vote a party ballot.
Sec. 125. RCW 29A.20.150 and 2003 c 111 s 509 are each amended to read as follows:
A nominating petition submitted under this chapter shall clearly identify the name of the ((minor)) party not participating in the primary or independent candidate convention as it appears on the certificate of nomination as required by RCW 29A.20.160(3). The petition shall ((also)) contain a statement that the person signing the petition is a registered voter of the state of Washington and that the person signing the petition will not be eligible to vote a party ballot at the subsequent primary election. The petition shall also have a space for the voter to sign his or her name and to print his or her name and address. No person may sign more than one nominating petition under this chapter for an office for ((a primary or)) an election.
Sec. 126. RCW 29A.20.160 and 2003 c 111 s 510 are each amended to read as follows:
A certificate evidencing nominations made at a convention or conventions must:
(1) Be in writing;
(2) Contain the name of each person nominated, his or her residence, a statement that he or she is not a registered party member of a party participating in the primary, and the office for which he or she is named, and if the nomination is for the offices of president and vice president of the United States, a sworn statement from both nominees giving their consent to the nomination;
(3) Identify the ((minor political)) party not participating in the primary or the independent candidate on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and secretary;
(5) Be accompanied by a nominating petition or petitions bearing the signatures and addresses of registered voters equal in number to that required by RCW 29A.20.140;
(6) Contain proof of publication of the notice of calling the convention; and
(7) Be submitted to the appropriate filing officer not later than one week following the adjournment of the convention at which the nominations were made. If the nominations are made only for offices whose jurisdiction is entirely within one county, the certificate and nominating petitions must be filed with the county auditor. If a ((minor party)) convention of a party not participating in the primary or independent candidate convention nominates any candidates for offices whose jurisdiction encompasses more than one county, all nominating petitions and the convention certificates must be filed with the secretary of state.
Sec. 127. RCW 29A.20.170 and 2003 c 111 s 511 are each amended to read as follows:
(1) For a general election or qualifying primary, if two or more valid certificates of nomination are filed purporting to nominate different candidates for the same position using the same party name or confusingly similar party names, or if a valid certificate is filed using the same party name as a party participating in the primary or a name confusingly similar to the name of a party participating in the primary, the filing officer must give effect to ((both)) all certificates. If conflicting claims to the party name are not resolved either by mutual agreement or by a judicial determination of the right to the name, the candidates must be treated as independent candidates. Disputes over the right to the name must not be permitted to delay the printing of either ballots or a voters' pamphlet. Other candidates nominated by the same conventions may continue to use the partisan affiliation unless a court of competent jurisdiction directs otherwise.
(2) A person or party participating in the primary affected may petition the superior court of the county in which the filing officer is located for a judicial determination of the right to the name of a minor political party, either before or after documents are filed with the filing officer. The court shall resolve the conflict between competing claims to the use of the same or similar party name according to the following principles: (a) The prior established public use of the name during previous elections by a party composed of or led by the same individuals or individuals in documented succession; (b) prior established public use of the name earlier in the same election cycle; (c) the nomination of a more complete slate of candidates for a number of offices or in a number of different regions of the state; (d) documented affiliation with a national or statewide party organization with an established use of the name; (e) the first date of filing of a certificate of nomination; ((and)) (f) if the issue is whether the names are confusingly similar, the likelihood of confusion on the part of a reasonable voter; and (g) such other indicia of an established right to use of the name as the court may deem relevant. If more than one filing officer is involved, and one of them is the secretary of state, the petition must be filed in the superior court for Thurston county. Upon resolving the conflict between competing claims, the court may also address any ballot designation for the candidate who does not prevail. An action brought under this section has priority over other docket items and shall be heard within seven days of filing and the completion of service.
(3) This section also applies to candidates of a major political party if the primary is being held under section 302 or 303 of this act.
Sec. 128. RCW 29A.20.190 and 2003 c 111 s 513 are each amended to read as follows:
Upon the receipt of the certificate of nomination, the officer with whom it is filed shall check the certificate and canvass the signatures on the accompanying nominating petitions to determine if the requirements of RCW 29A.20.140 have been met. Once the determination has been made, the filing officer shall notify the presiding officer of the convention and any other persons requesting the notification, of his or her decision regarding the sufficiency of the certificate or the nominating petitions, and forward to the secretary of state the name and address of all registered voters who have signed the nominating petition. Any appeal regarding the filing officer's determination must be filed with the superior court of the county in which the certificate or petitions were filed not later than five days from the date the determination is made, and shall be heard and finally disposed of by the court within five days of the filing. Nominating petitions shall not be available for public inspection or copying.
Sec. 129. RCW 29A.20.200 and 2003 c 111 s 514 are each amended to read as follows:
Not later than the Friday immediately preceding the first day for candidates to file, the secretary of state shall notify the county auditors of the names and designations of all minor party and independent candidates who have filed valid convention certificates and nominating petitions with that office. The secretary of state shall also forward to the appropriate county auditors the names and addresses of all voters on the nominating petitions residing in that county. Except for the offices of president and vice president, persons nominated under this chapter shall file declarations of candidacy as provided by RCW 29A.24.030 and 29A.24.070. The name of a candidate nominated at a convention shall not be printed upon the ((primary)) general election ballot unless he or she pays the fee required by law to be paid by candidates for the same office to be nominated at a primary.
Sec. 130. RCW 29A.24.030 and 2003 c 111 s 603 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 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, and declare that he or she meets the requirements of RCW 29A.20.020 if the designation is a major political party;
(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 29A.24.090; and
(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 29A.24.090.
The secretary of state may require any other information on the form he or she deems appropriate to facilitate the filing process.
Sec. 131. RCW 29A.24.100 and 2003 c 111 s 610 are each amended to read as follows:
(1) The nominating petition authorized by RCW 29A.24.090 ((shall)) must be printed on sheets of uniform color and size, ((shall)) include a place for each individual to sign and print his or her name and the address, city, and county at which he or she is registered to vote, and contain no more than twenty numbered lines((, and)).
(2) For candidates for nonpartisan office, the nominating petition must be in substantially the following form:
The warning prescribed by RCW 29A.72.140; followed by:
We, the undersigned registered voters of (the state of Washington or the political subdivision for which the nomination is made) , hereby petition that the name of (candidate's name) be printed on the official primary ballot for the office of (insert name of office) .
((The petition must include a place for each individual to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.))
(3) For candidates of a major political party for partisan office, the nominating petition must be in substantially the following form:
The warning prescribed by RCW 29A.72.140; followed by:
We, the undersigned registered voters of (the state of Washington or the political subdivision for which the nomination is made) , and registered party members of the (major political party), hereby petition that the name of (candidate's name) be printed on the official primary ballot for the office of (insert name of office) as a candidate of the (major political party).
(4) For independent candidates and candidates of a minor political party for partisan office, the nominating petition must be in substantially the following form:
The warning prescribed by RCW 29A.72.140; followed by:
We, the undersigned registered voters of . . . (the state of Washington or the political subdivision for which the nomination is made) . . ., hereby petition that the name of . . . (candidate's name) . . . be printed on the official general election ballot for the office of . . . (insert name of office) . . ..
Sec. 132. RCW 29A.24.130 and 2003 c 111 s 613 are each amended to read as follows:
A candidate may withdraw his or her declaration of candidacy at any time before the close of business on the Thursday following the last day for candidates to file under RCW 29A.24.050 by filing, with the officer with whom the declaration of candidacy was filed, a signed request that his or her name not be printed on the ballot. There shall be no withdrawal period for declarations of candidacy filed during special filing periods held under this title. The filing officer may permit the withdrawal of a filing for the office of precinct committee officer at the request of the candidate at any time if no absentee ballots have been issued for that office and the ((general election)) party ballots for that precinct have not been printed. The filing officer may permit the withdrawal of a filing for any elected office of a city, town, or special district at the request of the candidate at any time before a primary if the primary ballots for that city, town, or special district have not been ordered. No filing fee may be refunded to any candidate who withdraws under this section. Notice of the deadline for withdrawal of candidacy and that the filing fee is not refundable shall be given to each candidate at the time he or she files.
Sec. 133. RCW 29A.24.210 and 2003 c 111 s 621 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 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. 134. RCW 29A.24.310 and 2003 c 111 s 622 are each amended to read as follows:
Any person who desires to be a write-in candidate and have such votes counted at a primary or election may file a declaration of candidacy with the officer designated in RCW 29A.24.070 not later than the day before the primary or election. Declarations of candidacy for write-in candidates must be accompanied by a filing fee in the same manner as required of other candidates filing for the office as provided in RCW 29A.24.090.
Votes cast for write-in candidates who have filed such declarations of candidacy and write-in votes for persons appointed by major political parties pursuant to RCW 29A.28.020 need only specify the name of the candidate in the appropriate location on the ballot in order to be counted. Write-in votes cast for any other candidate, in order to be counted, must designate the office sought and position number or political party, if the manner in which the write-in is done does not make the office or position clear. In order for write-in votes to be valid in jurisdictions employing optical-scan mark sense ballot systems the voter must complete the proper mark next to the write-in line for that office.
No person may file as a write-in candidate ((where)):
(1) Where at a general election, the person attempting to file either filed as a write-in candidate for the same office at the preceding primary or the person's name appeared on the ballot for the same office at the preceding primary;
(2) Where the person attempting to file as a write-in candidate has already filed a valid write-in declaration for that primary or election, unless one or the other of the two filings is for the office of precinct ((committeeperson)) committee officer;
(3) Where the name of the person attempting to file already appears on the ballot as a candidate for another office, unless one of the two offices for which he or she is a candidate is precinct ((committeeperson)) committee officer;
(4) At a party primary election unless the person meets the requirements of RCW 29A.20.020.
The declaration of candidacy shall be similar to that required by RCW 29A.24.030. No write-in candidate filing under this section may be included in any voter's pamphlet produced under chapter 29A.32 RCW unless that candidate qualifies to have his or her name printed on the general election ballot. The legislative authority of any jurisdiction producing a local voter's pamphlet under chapter 29A.32 RCW may provide, by ordinance, for the inclusion of write-in candidates in such pamphlets.
Sec. 135. RCW 29A.28.040 and 2003 c 111 s 704 are each amended to read as follows:
(1) Whenever a vacancy occurs in the United States house of representatives or the United States senate from this state, the governor shall order a special election to fill the vacancy. Candidates of a party not participating in a primary that year and independent candidates may be nominated through the convention procedures provided in RCW 29A.20.110 through 29A.20.200.
(2) Within ten days of such vacancy occurring, he or she shall issue a writ of election fixing a date for the special vacancy election not less than ninety days after the issuance of the writ, fixing a date for the primary for nominating major political party candidates for the special vacancy election not less than thirty days before the day fixed for holding the special vacancy election, fixing the dates for the special filing period, and designating the term or part of the term for which the vacancy exists. If the vacancy is in the office of United States representative, the writ of election shall specify the congressional district that is vacant.
(3) If the vacancy occurs less than six months before a state general election and before the second Friday following the close of the filing period for that general election, the special primary and special vacancy elections shall be held in concert with the state primary and state general election in that year.
(4) If the vacancy occurs on or after the first day for filing under RCW 29A.24.050 and on or before the second Friday following the close of the filing period, a special filing period of three normal business days shall be fixed by the governor and notice thereof given to all media, including press, radio, and television within the area in which the vacancy election is to be held, to the end that, insofar as possible, all interested persons will be aware of such filing period. The last day of the filing period shall not be later than the third Tuesday before the primary at which major political party candidates are to be nominated. The names of major political party candidates who have filed valid declarations of candidacy during this three-day period shall appear on the approaching primary ballot. The requirements of RCW 29A.20.130 do not apply to the convention of parties not participating in the primary or an independent candidate convention held under this subsection.
(5) If the vacancy occurs later than the second Friday following the close of the filing period, a special primary ((and)), special vacancy election, and the conventions of parties not participating in the primary and independent candidates to fill the position shall be held after the next state general election but, in any event, no later than the ninetieth day following the November election.
Sec. 136. RCW 29A.28.060 and 2003 c 111 s 706 are each amended to read as follows:
The general election laws and laws relating to partisan primaries shall apply to the special primaries and vacancy elections provided for in RCW 29A.28.040 through 29A.28.050 to the extent that they are not inconsistent with the provisions of these sections. Candidates of a party not participating in a primary and independent candidates may appear only on the general election ballot. Statutory time deadlines relating to availability of absentee ballots, certification, canvassing, and related procedures that cannot be met in a timely fashion may be modified for the purposes of a specific primary or vacancy election under this chapter by the secretary of state through emergency rules adopted under RCW 29A.04.610.
Sec. 137. RCW 29A.28.070 and 2003 c 111 s 707 are each amended to read as follows:
If a vacancy occurs in the office of precinct committee officer 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 fill the vacancy by appointment. ((However, in a legislative district having a majority of its precincts in a county with a population of one million or more, the appointment may be made only upon the recommendation of the legislative district chair.)) The person so appointed must have the same qualifications as candidates when filing for election to the office for that precinct. When a vacancy in the office of precinct committee officer exists because of failure to elect at a ((state general)) primary election, the vacancy may not be filled until after the organization meeting of the county central committee and the new county chair has been selected as provided by RCW 29A.80.030.
Sec. 138. RCW 29A.32.030 and 2003 c 111 s 803 are each amended to read as follows:
The voters' pamphlet must contain:
(1) Information about each ballot measure initiated by or referred to the voters for their approval or rejection as required by RCW 29A.32.070;
(2) In even-numbered years, statements, if submitted, advocating the candidacies of nominees for the office of president and vice president of the United States, United States senator, United States representative, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, commissioner of public lands, superintendent of public instruction, insurance commissioner, state senator, state representative, justice of the supreme court, judge of the court of appeals, or judge of the superior court. The voters' pamphlet must not contain any statement of affiliation with any major political party unless the candidate is the nominee of that party. Candidates may also submit a campaign mailing address and telephone number and a photograph not more than five years old and of a size and quality that the secretary of state determines to be suitable for reproduction in the voters' pamphlet;
(3) In odd-numbered years, if any office voted upon statewide appears on the ballot due to a vacancy, then statements and photographs for candidates for any vacant office listed in subsection (2) of this section must appear;
(4) In even-numbered years, a section explaining how voters may participate in the election campaign process; the address and telephone number of the public disclosure commission established under RCW 42.17.350; and a summary of the disclosure requirements that apply when contributions are made to candidates and political committees;
(5) In even-numbered years the name, address, and telephone number of each political party with nominees listed in the pamphlet, if filed with the secretary of state by the state committee of a major political party or the presiding officer of the convention of a minor political party;
(6) In each odd-numbered year immediately before a year in which a president of the United States is to be nominated and elected, information explaining the precinct caucus and convention process used by each major political party to elect delegates to its national presidential candidate nominating convention. The pamphlet must also provide a description of the statutory procedures by which minor political parties are formed and the statutory methods used by the parties to nominate candidates for president;
(7) ((In even-numbered years, a description of the office of precinct committee officer and its duties)) A section explaining how to register to vote, how to affiliate with a major or minor political party, and the fact that party affiliation is not required in order to register to vote;
(8) An application form for an absentee ballot;
(9) A brief statement explaining the deletion and addition of language for proposed measures under RCW 29A.32.080;
(10) Any additional information pertaining to elections as may be required by law or in the judgment of the secretary of state is deemed informative to the voters.
NEW SECTION. Sec. 139. A new section is added to chapter 29A.32 RCW to read as follows:
If the secretary of state prints and distributes a voters' pamphlet for a primary in an even-numbered year, it must not contain any statement of affiliation of a candidate with any major political party unless that candidate is qualified under RCW 29A.20.020(4) to run as a candidate of that party.
If the secretary of state prints and distributes a voters' pamphlet for a primary in an even-numbered year, it must contain:
(1) A description of the office of precinct committee officer and its duties;
(2) An explanation of whether each major political party is allowing unaffiliated voters to participate in that party's partisan primary;
(3) An explanation that minor political party candidates and independent candidates will appear only on the general election ballot; and
(4) For 2004 only, an explanation that the party primary will be conducted as a statewide vote-by-mail primary.
Sec. 140. RCW 29A.32.240 and 2003 c 111 s 816 are each amended to read as follows:
The local voters' pamphlet must not contain any statement of affiliation of a candidate with any major political party unless that candidate is qualified under RCW 29A.20.020(4) to run as a candidate of that party, and shall include but not be limited to the following:
(1) Appearing on the cover, the words "official local voters' pamphlet," the name of the jurisdiction producing the pamphlet, and the date of the election or primary;
(2) A list of jurisdictions that have measures or candidates in the pamphlet;
(3) Information on how a person may register to vote, how to affiliate with a major or minor political party, the fact that party affiliation is not required in order to register to vote, and how to obtain an absentee ballot;
(4) The text of each measure accompanied by an explanatory statement prepared by the prosecuting attorney for any county measure or by the attorney for the jurisdiction submitting the measure if other than a county measure. All explanatory statements for city, town, or district measures not approved by the attorney for the jurisdiction submitting the measure shall be reviewed and approved by the county prosecuting attorney or city attorney, when applicable, before inclusion in the pamphlet;
(5) The arguments for and against each measure submitted by committees selected pursuant to RCW 29A.32.280;
(6) For partisan primary elections, an explanation of whether each major political party is allowing unaffiliated voters to participate in that party's partisan primary, and an explanation that minor political party candidates and independent candidates will appear only on the general election ballot;
(7) For the 2004 primary, an explanation that the party primary will be conducted as a statewide vote-by-mail primary.
Sec. 141. RCW 29A.36.010 and 2003 c 111 s 901 are each amended to read as follows:
On or before the day following the last day for political parties to fill vacancies in the ticket as provided by RCW 29A.28.010, 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. Candidates of parties not participating in the primary and independent candidates may appear only on the general election ballot.
Sec. 142. RCW 29A.36.100 and 2003 c 111 s 910 are each amended to read as follows:
Except for the candidates for the positions of president and vice president ((or)), for a partisan or nonpartisan office for which no primary is required, or for independent candidates or candidates of parties not participating in the primary, the names of all candidates who, under this title, filed a declaration of candidacy((,)) or were certified as a candidate to fill a vacancy on a major party ticket((, or were nominated as an independent or minor party candidate)) will appear on the appropriate ballot at the primary throughout the jurisdiction in which they are to be nominated.
NEW SECTION. Sec. 143. A new section is added to chapter 29A.36 RCW to read as follows:
(1) At all partisan primaries, the county auditor must prepare a nonpartisan ballot, if nonpartisan races or ballot measures are to be voted on at the primary, and party ballots for each major political party. Partisan primaries must be conducted using party ballots when applicable.
(2) In order to appear on a party ballot, a candidate must be a registered party member, have designated that same major political party in his or her declaration of candidacy for partisan office, and meet the requirements of RCW 29A.20.020(4).
(3) Every eligible registered voter, regardless of party affiliation, may vote in a partisan primary as follows:
(a) A voter who is a registered party member of a major political party may vote the party ballot for that same political party, and may not vote the party ballot for any other political party.
(b) An unaffiliated voter may vote the party ballot for any particular political party unless, by March 1st of that year, the state chair of that political party has provided to the secretary of state a signed statement refusing to consent to the participation of unaffiliated voters in that party's partisan primary. If a state chair does not provide such a statement, the party is deemed to have consented to the participation of unaffiliated voters in that party's partisan primary.
(c) An unaffiliated voter who has signed a minor party or independent candidate nominating petition may vote only the nonpartisan ballot and may not vote a party ballot.
Sec. 144. RCW 29A.36.110 and 2003 c 111 s 911 are each amended to read as follows:
Every ballot for a single combination of issues ((and)), offices ((shall)), and candidates must be uniform within a precinct and ((shall)) identify the type of primary or election, the county, and the date of the primary or election((, and)). The ballot or voting device shall contain instructions on the proper method of recording a vote, including write-in votes. Each position, together with the names of the candidates for that office, shall be clearly separated from other offices or positions in the same jurisdiction. The offices in each jurisdiction shall be clearly separated from each other. No paper ballot or ballot card may be marked in any way that would permit the identification of the person who voted that ballot.
Sec. 145. RCW 29A.36.120 and 2003 c 111 s 912 are each amended to read as follows:
(1) The positions or offices on a primary ballot shall be arranged in substantially the following order: United States senator; United States representative; governor; lieutenant governor; secretary of state; state treasurer; state auditor; attorney general; commissioner of public lands; superintendent of public instruction; insurance commissioner; state senator; state representative; county officers; justices of the supreme court; judges of the court of appeals; judges of the superior court; and judges of the district court. For all other jurisdictions on the primary ballot, the offices in each jurisdiction shall be grouped together and be in the order of the position numbers assigned to those offices, if any.
(2) The order of the positions or offices on ((an)) a general election ballot shall be substantially the same as on a primary ballot except that the offices of president and vice president of the United States shall precede all other offices on a presidential election ballot. ((State ballot issues shall be placed before all offices on an election ballot.)) The positions on a ballot to be assigned to ballot measures regarding local units of government shall be established by the secretary of state by rule.
(3) The political party or independent candidacy of each candidate for partisan office shall be indicated next to the name of the candidate on ((the)) party primary and general election ballots. A candidate shall file a written notice with the filing officer within three business days after the close of the filing period designating the political party to be indicated next to the candidate's name on the ballot if either: (a) The candidate has been nominated by two or more minor political parties or independent conventions; or (b) the candidate has both filed a declaration of candidacy declaring an affiliation with a major political party and been nominated by a minor political party or independent convention. If no written notice is filed the filing officer shall give effect to the party designation shown upon the first valid document filed. A candidate may be deemed nominated by a ((minor party)) convention of a party not participating in the primary or independent convention only if all documentation required by chapter 29A.20 RCW has been timely filed.
Sec. 146. RCW 29A.36.130 and 2003 c 111 s 913 are each amended to read as follows:
After the close of business on the last day for candidates to file for office, the filing officer shall, from among those filings made in person and by mail, determine by lot the order in which the names of those candidates will appear on ((all sample and absentee)) the applicable ballots. ((In the case of candidates for city, town, and district office, this procedure shall also determine the order for candidate names on the official primary ballot used at the polling place.)) The determination shall be done publicly and may be witnessed by the media and by any candidate. If no primary is required for any nonpartisan office under RCW 29A.52.010 or 29A.52.220, or if any independent or minor party candidate files a declaration of candidacy, the names shall appear on the general election ballot in the order determined by lot.
Sec. 147. RCW 29A.36.150 and 2003 c 111 s 915 are each amended to read as follows:
Except in each county with a population of one million or more, on or before the fifteenth day before a primary or election, the county auditor shall prepare a sample ballot which shall be made readily available to members of the public. For a partisan primary, the county auditor shall prepare a sample nonpartisan ballot and sample party ballots. The secretary of state shall adopt rules governing the preparation of sample ballots in counties with a population of one million or more. The rules shall permit, among other alternatives, the preparation of more than one sample ballot by a county with a population of one million or more for a primary or election, each of which lists a portion of the offices and issues to be voted on in that county. The position of precinct committee officer shall be shown on the sample party ballot for the ((general election)) primary, but the names of candidates for the individual positions need not be shown.
Sec. 148. RCW 29A.36.160 and 2003 c 111 s 916 are each amended to read as follows:
(1) On the top of each ballot ((there will)) must be printed clear and concise instructions directing the voter((s)) how to mark the ballot, including write-in votes. ((After the instructions and before the offices,))
(2) The questions of adopting constitutional amendments or any other state measure authorized by law to be submitted to the voters at that election ((will be placed)) must appear after the instructions and before any offices.
(3) In a year that president and vice president appear on the general election ballot, the names of the candidates for president and vice president for each political party must be grouped together with a single response position for a voter to indicate his or her choice.
(((2))) (4) On a general election ballot, the candidate or candidates of the major political party that received the highest number of votes from the electors of this state for the office of president of the United States at the last presidential election ((will)) must appear first following the appropriate office heading((,)). The candidate or candidates of the other major political parties will follow according to the votes cast for their nominees for president at the last presidential election, and independent candidates and the candidate or candidates of all other parties will follow in the order of their qualification with the secretary of state.
(((3) The names of candidates for president and vice president for each political party must be grouped together with a single response position for a voter to indicate his or her choice.
(4))) (5) All paper ballots and ballot cards used at a polling place must be sequentially numbered in such a way to permit removal of such numbers without leaving any identifying marks on the ballot.
Sec. 149. RCW 29A.36.190 and 2003 c 111 s 919 are each amended to read as follows:
The name of a candidate for a partisan office for which a primary was conducted shall not be printed on the ballot for that office at the subsequent general election unless the candidate receives ((a number of votes equal to at least one percent of the total number cast for all candidates for that position sought and)) a plurality of the votes cast for the candidates of his or her party for that office at the preceding primary.
Sec. 150. RCW 29A.40.060 and 2003 c 111 s 1006 are each amended to read as follows:
(1) The county auditor shall issue an absentee ballot for the primary or election for which it was requested, or for the next occurring primary or election when ongoing absentee status has been requested if the information contained in a request for an absentee ballot or ongoing absentee status received by the county auditor is complete and correct and the applicant is qualified to vote under federal or state law. Otherwise, the county auditor shall notify the applicant of the reason or reasons why the request cannot be accepted. Whenever two or more candidates have filed for the position of precinct committee officer for the same party in the same precinct ((at a general election held in an even-numbered year)), the contest for that position must be presented to absentee voters from that precinct by either including the contest on the regular absentee ballot or a separate absentee ballot. The ballot must provide space designated for writing in the name of additional candidates.
(2) A registered voter may obtain a replacement ballot if the ballot is destroyed, spoiled, lost, or not received by the voter. The voter may obtain the ballot by telephone request, by mail, electronically, or in person. The county auditor shall keep a record of each replacement ballot provided under this subsection.
(3) A copy of the state voters' pamphlet must be sent to registered voters temporarily outside the state, out-of-state voters, overseas voters, and service voters along with the absentee ballot if such a pamphlet has been prepared for the primary or election and is available to the county auditor at the time of mailing. The county auditor shall mail all absentee ballots and related material to voters outside the territorial limits of the United States and the District of Columbia under 39 U.S.C. 3406.
NEW SECTION. Sec. 151. A new section is added to chapter 29A.40 RCW to read as follows:
(1) For the 2004 primary, all registered voters shall be considered to be absentee voters. Each county auditor shall issue ballots to all registered voters in accordance with RCW 29A.40.090.
(2) This section expires January 1, 2005.
Sec. 152. RCW 29A.40.090 and 2003 c 111 s 1009 are each amended to read as follows:
(1) For a primary election with at least one partisan race, the county auditor shall:
(a) Send each absentee unaffiliated voter a party ballot for each major political party, one security envelope in which to seal the voted party ballot, a larger envelope in which to return the security envelope, instructions on how to mark and return one ballot to the county auditor, and instructions to destroy unused party ballots. The instructions that accompany absentee party ballots to an unaffiliated voter must include an explanation that only one party ballot may be voted and returned, and that if more than one party ballot is voted and returned in the security envelope, none of the party ballots will be counted;
(b) Send each absentee unaffiliated voter who has signed a nominating petition for a candidate of a party not participating in the primary or an independent candidate nominating petition a nonpartisan ballot, a security envelope in which to seal the nonpartisan ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor;
(c) Send each absentee voter who is a registered party member of a major political party the party ballot of the major political party with which the voter is affiliated, a security envelope in which to seal the party ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor; and
(d) Instruct the voter to destroy and discard all unvoted party ballots.
(2) For a general election, the county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor.
(3) For primary and general elections, the larger return envelope must contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election and, if for a primary election, that he or she has destroyed any unused primary ballots, together with a summary of the penalties for any violation of any of the provisions of this chapter. The return envelope must provide space for the voter to indicate the date on which the ballot was voted and for the voter to sign the oath. A summary of the applicable penalty provisions of this chapter must be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. For out-of-state voters, overseas voters, and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. The voter must be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first class postage, if applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which the ballot was issued.
If the county auditor chooses to forward absentee ballots, he or she must include with the ballot a clear explanation of the qualifications necessary to vote in that election and must also advise a voter with questions about his or her eligibility to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed directly on the ballot itself. If the information is not included, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.
Sec. 153. RCW 29A.44.020 and 2003 c 111 s 1102 are each amended to read as follows:
(1) At any election, general or special, or at any primary, any political party or committee may designate a person other than a precinct election officer, for each polling place to check a list of registered voters of the precinct to determine who has and who has not voted.
(2) The precinct committee officer or his or her designee or designees must not seek to obtain or keep a record of the party ballot voted by an unaffiliated voter voting in any election.
(3) The lists must be furnished by the party or committee concerned.
(4) Every person who violates subsection (2) of this section is guilty of a class C felony, punishable under RCW 9A.20.021.
Sec. 154. RCW 29A.44.200 and 2003 c 111 s 1119 are each amended to read as follows:
A voter desiring to vote shall give his or her name to the precinct election officer who has the precinct list of registered voters. This officer shall announce the name to the precinct election officer who has the copy of the inspector's poll book for that precinct. If the right of this voter to participate in the primary or election is not challenged, the voter must be issued a ballot or permitted to enter a voting booth or to operate a voting device. At a partisan primary, every voter who is a registered party member of a major political party must be issued the party ballot specific to his or her political party; every unaffiliated voter must be issued a party ballot for each major political party that has consented to the participation of unaffiliated voters in its partisan primary under section 143 of this act; and every unaffiliated voter who has signed a nominating petition for a candidate of a party not participating in the primary or independent candidate nominating petition must be issued only the nonpartisan ballot. The number of the ballot or the voter must be recorded by the precinct election officers. If the right of the voter to participate is challenged, RCW 29A.08.810 and 29A.08.820 apply to that voter.
Sec. 155. RCW 29A.44.230 and 2003 c 111 s 1122 are each amended to read as follows:
As each voter casts his or her vote, the precinct election officers shall insert in the poll books or precinct list of registered voters opposite that voter's name, a notation to credit the voter with having participated in that primary or election. In a partisan primary, no record may be made of which party ballot an unaffiliated voter voted, except as necessary for conducting the provisions of chapter 29A.60, 29A.64, or 29A.68 RCW. Any record made under this section shall be subject to the provisions of RCW 29A.08.710 and section 167 of this act. The precinct election officers shall record the voter's name so that a separate record is kept.
NEW SECTION. Sec. 156. A new section is added to chapter 29A.52 RCW to read as follows:
Major political party candidates for all partisan elected offices, except for president, vice president, precinct committee officer, and offices exempted from the primary under RCW 29A.52.010, must be nominated at primaries held under sections 157 through 160 of this act, or, if applicable, chapter 29A.-- RCW (sections 201 through 255 of this act).
NEW SECTION. Sec. 157. A new section is added to chapter 29A.52 RCW to read as follows:
(1) After June 15, 2004, a major political party may choose, by rule, to allow unaffiliated voters to participate in its primary. The rule may be applied only on a statewide basis and with respect to all votes cast by unaffiliated voters, rather than with respect to votes cast in specific districts or races or for specific candidates. If a major political party allows unaffiliated voters to participate in its primary, no distinction may be made by the party or by a county canvassing board between votes cast by registered party members and votes cast by unaffiliated voters.
(2) A major political party shall be deemed to have chosen to allow unaffiliated voters to participate in its primary unless by March 1st of the year of the primary, the state chair of the major political party has provided to the secretary of state a signed statement refusing to consent to the participation of unaffiliated voters in that party's primary. Any such refusal to consent shall only be effective for any partisan primary conducted between September 1st of the same year and August 30th of the following year.
(3) In any year after 2004 in which the chair of a major political party provides the secretary of state a signed statement by March 1st, under subsection (2) of this section, that only registered party members may vote the party ballot specific to that political party, sections 302 and 303 of this act apply.
NEW SECTION. Sec. 158. A new section is added to chapter 29A.52 RCW to read as follows:
In a partisan primary:
(1) Every eligible voter, regardless of party affiliation, may vote a party ballot if at least one major political party has consented to allowing unaffiliated voters to participate in its primary.
(2) A voter who is a registered party member of a major political party may vote the party ballot for his or her political party, and may not vote the party ballot for any other political party.
(3) An unaffiliated voter may vote the party ballot for any particular political party unless, by March 1st of that year, the state chair of that political party has provided to the secretary of state a signed statement refusing to consent to the participation of unaffiliated voters in that party's partisan primary. Only one party ballot may be voted.
(4) An unaffiliated voter who has signed a nominating petition for a candidate of a party not participating in the primary or an independent candidate nominating petition may vote only the nonpartisan ballot, and may not vote a party ballot.
NEW SECTION. Sec. 159. A new section is added to chapter 29A.52 RCW to read as follows:
So far as applicable, the provisions of this title relating to conducting general elections govern the conduct of primaries.
NEW SECTION. Sec. 160. A new section is added to chapter 29A.52 RCW to read as follows:
An explanation of whether each major political party is allowing unaffiliated voters to participate in that party's partisan primary, and instructions for voting a party ballot, must appear, at the very least, in:
(1) Any primary voters' pamphlet prepared by the secretary of state or a local government if a partisan office will appear on the ballot;
(2) Instructions that accompany a primary absentee party ballot;
(3) Any notice of a partisan primary published in compliance with RCW 29A.52.310; and
(4) The web site of the office of the secretary of state and any web site of a county auditor's office.
Sec. 161. RCW 29A.52.230 and 2003 c 111 s 1307 are each amended to read as follows:
(1) The offices of superintendent of public instruction, justice of the supreme court, judge of the court of appeals, judge of the superior court, and judge of the district court shall be nonpartisan and the candidates therefor shall be nominated and elected as such.
(2) All city, town, and special purpose district elective offices shall be nonpartisan and the candidates therefor shall be nominated and elected as such.
(3) Nonpartisan offices shall appear in a primary on the nonpartisan ballot and on every party ballot.
Sec. 162. RCW 29A.52.310 and 2003 c 111 s 1309 are each amended to read as follows:
Not more than ten nor less than three days before the primary the county auditor shall publish notice of such primary in one or more newspapers of general circulation within the county. The notice must contain the proper party designations, the names and addresses of all persons who have filed a declaration of candidacy to be voted upon at that primary, whether each major political party is allowing unaffiliated voters to participate in its primary, an explanation that candidates of political parties not participating in the primaries and independent candidates will appear only in the general election, the hours during which the polls will be open, and the polling places for each precinct, giving the address of each polling place. The names of all candidates for nonpartisan offices must be published separately with designation of the offices for which they are candidates but without party designation. This is the only notice required for the holding of any primary.
NEW SECTION. Sec. 163. A new section is added to chapter 29A.52 RCW to read as follows:
(1) The notice required by RCW 29A.52.310 shall prominently include an explanation that the 2004 primary will be conducted exclusively by mail.
(2) This section expires January 1, 2005.
Sec. 164. RCW 29A.52.320 and 2003 c 111 s 1310 are each amended to read as follows:
No later than the day following the certification of the returns of any primary, the secretary of state shall certify to the appropriate county auditors((,)) the names of all persons nominated for offices((, the returns of which have been canvassed by the secretary of state)) at a primary, or at an independent candidate convention or a convention of a party not participating in the primary.
NEW SECTION. Sec. 165. A new section is added to chapter 29A.60 RCW to read as follows:
(1) No record of the party ballot voted by an unaffiliated voter voting in a primary or election may be created or maintained by any public agency, organization, or person except for the purposes of conducting the provisions of this chapter and chapters 29A.64 and 29A.68 RCW. Any such record created for the purpose defined in this chapter is not a public record and is not available for public inspection or copying.
(2) No record of the party ballot voted by an unaffiliated voter voting in a primary shall be recorded or sought by individuals conducting activities authorized under RCW 29A.44.020.
(3) Nothing in this section shall be construed so as to prohibit a political organization from conducting voter identification and party building activities that occur outside the polling place or at any time other than on the day of the primary or election.
(4) Every person who violates this section is guilty of a class C felony, punishable under RCW 9A.20.021.
Sec. 166. RCW 29A.60.020 and 2003 c 111 s 1502 are each amended to read as follows:
(1) For any office at any election or primary, any voter may write in on the ballot the name of any person for an office who has filed as a write-in candidate for the office in the manner provided by RCW 29A.24.310 and such vote shall be counted the same as if the name had been printed on the ballot and marked by the voter. In a partisan primary, a voter may write in only the name of a write-in candidate affiliated with the same major political party as designated on the party ballot and eligible for nomination as a candidate of that party. No write-in vote made for any person who has not filed a declaration of candidacy pursuant to RCW 29A.24.310 is valid if that person filed for the same office, either as a regular candidate or a write-in candidate, at the preceding primary. Any abbreviation used to designate office, position, or political party shall be accepted if the canvassing board can determine, to their satisfaction, the voter's intent.
(2) The number of write-in votes cast for each office must be recorded and reported with the canvass for the election.
(3) Write-in votes cast for an individual candidate for an office need not be tallied if the total number of write-in votes cast for the office is not greater than the number of votes cast for the candidate apparently nominated or elected, and the write-in votes could not have altered the outcome of the primary or election. In the case of write-in votes for statewide office or for any office whose jurisdiction encompasses more than one county, write-in votes for an individual candidate must be tallied whenever the county auditor is notified by either the office of the secretary of state or another auditor in a multicounty jurisdiction that it appears that the write-in votes could alter the outcome of the primary or election.
(4) In the case of statewide offices or jurisdictions that encompass more than one county, if the total number of write-in votes cast for an office within a county is greater than the number of votes cast for a candidate apparently nominated or elected in a primary or election, the auditor shall tally all write-in votes for individual candidates for that office and notify the office of the secretary of state and the auditors of the other counties within the jurisdiction, that the write-in votes for individual candidates should be tallied.
NEW SECTION. Sec. 167. A new section is added to chapter 29A.64 RCW to read as follows:
(1) No record of the party ballot voted by an unaffiliated voter voting in a primary or election may be created or maintained by any public agency, organization, or person except for the purposes of conducting the provisions of this chapter and chapters 29A.60 and 29A.68 RCW. Any such record created for the purpose defined in this chapter is not a public record and therefore is not available for public inspection or copying.
(2) No record of the party ballot voted by an unaffiliated voter voting in a primary shall be recorded or sought by individuals conducting activities authorized under RCW 29A.44.020.
(3) Nothing in this section shall be construed so as to prohibit a political organization from conducting voter identification and party building activities that occur outside the polling place or at any time other than on the day of the primary or election.
(4) Every person who violates this section is guilty of a class C felony, punishable under RCW 9A.20.021.
NEW SECTION. Sec. 168. A new section is added to chapter 29A.68 RCW to read as follows:
(1) No record of the party ballot voted by an unaffiliated voter voting in a primary or election may be created or maintained by any public agency, organization, or person except for the purposes of conducting the provisions of this chapter and chapters 29A.60 and 29A.64 RCW. Any such record created for the purpose defined in this chapter is not a public record and therefore is not available for public inspection or copying.
(2) No record of the party ballot voted by an unaffiliated voter voting in a primary shall be recorded or sought by individuals conducting activities authorized under RCW 29A.44.020.
(3) Nothing in this section shall be construed so as to prohibit a political organization from conducting voter identification and party building activities that occur outside the polling place or at any time other than on the day of the primary or election.
(4) Every person who violates this section is guilty of a class C felony, punishable under RCW 9A.20.021.
Sec. 169. RCW 29A.80.040 and 2003 c 111 s 2004 are each amended to read as follows:
Any registered party member of a major political party who is a registered voter in the precinct may upon payment of a fee of one dollar file his or her declaration of candidacy as prescribed under RCW 29A.24.030 with the county auditor for the office of precinct committee officer of his or her party in that precinct. When elected at the primary, the precinct committee officer shall serve so long as the committee officer remains an eligible voter in that precinct and until a successor has been elected at the next ensuing state ((general)) primary election in the even-numbered year.
Sec. 170. RCW 29A.80.050 and 2003 c 111 s 2005 are each amended to read as follows:
The statutory requirements for filing as a candidate at the primaries apply to candidates for precinct committee officer, except that the filing period for this office alone is extended to and includes the Friday immediately following the last day for political parties to fill vacancies in the ticket as provided by RCW 29A.28.010. The office ((shall not)) must be voted upon at the primaries in even-numbered years, ((but)) and the names of all candidates must appear under the proper ((party and)) office designation((s)) on the party ballots ((for the general election for each even-numbered year, and)). The one receiving the highest number of votes will be declared elected. ((However, 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.)) The term of office of precinct committee officer is two years, commencing upon completion of the official canvass of votes by the county canvassing board of election returns.
Sec. 171. RCW 42.17.020 and 2002 c 75 s 1 are each amended to read as follows:
(1) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.
(2) "Authorized committee" means the political committee authorized by a candidate, or by the public official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or public official.
(3) "Ballot proposition" means any "measure" as defined by RCW ((29.01.110)) 29A.04.091, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency prior to its circulation for signatures.
(4) "Benefit" means a commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.
(5) "Bona fide political party" means:
(a) An organization that has filed a valid certificate of nomination with the secretary of state under chapter ((29.24)) 29A.20 RCW;
(b) The governing body of the state organization of a major political party, as defined in RCW ((29.01.090)) 29A.04.085, that is the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party; or
(c) The county central committee or legislative district committee of a major political party. There may be only one legislative district committee for each party in each legislative district.
(6) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.
(7) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.
(8) "Candidate" means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when he or she first:
(a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast time to promote his or her candidacy; or
(d) Gives his or her consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.
(9) "Caucus political committee" means a political committee organized and maintained by the members of a major political party in the state senate or state house of representatives.
(10) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.
(11) "Commission" means the agency established under RCW 42.17.350.
(12) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind: PROVIDED, That for the purpose of compliance with RCW 42.17.241, the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.
(13) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.
(14)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or anything of value, including personal and professional services for less than full consideration;
(ii) An expenditure made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a political committee, or their agents;
(iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising prepared by a candidate, a political committee, or its authorized agent;
(iv) Sums paid for tickets to fund-raising events such as dinners and parties, except for the actual cost of the consumables furnished at the event.
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political committee's account;
(ii) Ordinary home hospitality;
(iii) A contribution received by a candidate or political committee that is returned to the contributor within five business days of the date on which it is received by the candidate or political committee;
(iv) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;
(v) An internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;
(vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. "Volunteer services," for the purposes of this section, means services or labor for which the individual is not compensated by any person;
(vii) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or property occupied by a person. However, a facility used for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit of the person providing the facility;
(viii) Legal or accounting services rendered to or on behalf of:
(A) A political party or caucus political committee if the person paying for the services is the regular employer of the person rendering such services; or
(B) A candidate or an authorized committee if the person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of ensuring compliance with state election or public disclosure laws.
(c) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution. Such a contribution must be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the provider.
(15) "Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.
(16) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters: PROVIDED, That an election in which the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.
(17) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a ballot proposition.
(18) "Election cycle" means the period beginning on the first day of December after the date of the last previous general election for the office that the candidate seeks and ending on November 30th after the next election for the office. In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on November 30th after the special election.
(19) "Expenditure" includes a payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also includes a promise to pay, a payment, or a transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign. For the purposes of this chapter, agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations until actual payment is made. The term "expenditure" shall not include the partial or complete repayment by a candidate or political committee of the principal of a loan, the receipt of which loan has been properly reported.
(20) "Final report" means the report described as a final report in RCW 42.17.080(2).
(21) "General election" for the purposes of RCW 42.17.640 means the election that results in the election of a person to a state office. It does not include a primary.
(22) "Gift," is as defined in RCW 42.52.010.
(23) "Immediate family" includes the spouse, dependent children, and other dependent relatives, if living in the household. For the purposes of RCW 42.17.640 through 42.17.790, "immediate family" means an individual's spouse, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse and the spouse of any such person.
(24) "Independent expenditure" means an expenditure that has each of the following elements:
(a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;
(b) The expenditure pays in whole or in part for political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; and
(c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of five hundred dollars or more. A series of expenditures, each of which is under five hundred dollars, constitutes one independent expenditure if their cumulative value is five hundred dollars or more.
(25)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another person unless the contribution is from the individual's employer, immediate family as defined for purposes of RCW 42.17.640 through 42.17.790, or an association to which the individual belongs.
(b) A treasurer or a candidate is not an intermediary for purposes of the committee that the treasurer or candidate serves.
(c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and customary rate.
(d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that event.
(26) "Legislation" means bills, resolutions, motions, amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any other matter that may be the subject of action by either house or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval by the governor.
(27) "Lobby" and "lobbying" each mean attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW. Neither "lobby" nor "lobbying" includes an association's or other organization's act of communicating with the members of that association or organization.
(28) "Lobbyist" includes any person who lobbies either in his or her own or another's behalf.
(29) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he or she is compensated for acting as a lobbyist.
(30) "Person" includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.
(31) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, the term "person in interest" means and includes the parent or duly appointed legal representative.
(32) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations, or other means of mass communication, used for the purpose of appealing, directly or indirectly, for votes or for financial or other support in any election campaign.
(33) "Political committee" means any person (except a candidate or an individual dealing with his or her own funds or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition.
(34) "Primary" for the purposes of RCW 42.17.640 means the ((procedure for nominating)) election that nominates a candidate of a major political party to state office ((under chapter 29.18 or 29.21 RCW or any other primary for an election that uses, in large measure, the procedures established in chapter 29.18 or 29.21 RCW)). In the event that all major parties adopt rules prohibiting the counting of unaffiliated ballots at the primary election, primary means the procedure for qualifying a candidate to state office under chapter 29A.-- RCW (sections 201 through 255 of this act).
(35) "Public office" means any federal, state, county, city, town, school district, port district, special district, or other state political subdivision elective office.
(36) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.
(37) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under RCW ((29.82.015)) 29A.56.120 and ending thirty days after the recall election.
(38) "State legislative office" means the office of a member of the state house of representatives or the office of a member of the state senate.
(39) "State office" means state legislative office or the office of governor, lieutenant governor, secretary of state, attorney general, commissioner of public lands, insurance commissioner, superintendent of public instruction, state auditor, or state treasurer.
(40) "State official" means a person who holds a state office.
(41) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain in the possession or control of that committee or candidate subsequent to the election for which the contributions were received, and that are in excess of the amount necessary to pay remaining debts incurred by the committee or candidate prior to that election. In the case of a continuing political committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW 42.17.065.
(42) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.
As used in this chapter, the singular shall take the plural and any gender, the other, as the context requires.
Sec. 172. RCW 42.17.310 and 2003 1st sp.s. c 26 s 926, 2003 c 277 s 3, and 2003 c 124 s 1 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses or residential telephone numbers of employees or volunteers of a public agency which are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data base created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.
(nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.
(rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law.
(tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.
(vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.
(ww) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of:
(i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and
(ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism.
(xx) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data. However, this information may be released to government agencies concerned with the management of fish and wildlife resources.
(yy) Sensitive wildlife data obtained by the department of fish and wildlife. However, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data includes:
(i) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;
(ii) Radio frequencies used in, or locational data generated by, telemetry studies; or
(iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:
(A) The species has a known commercial or black market value;
(B) There is a history of malicious take of that species; or
(C) There is a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.
(zz) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying information to:
(i) Government agencies concerned with the management of fish and wildlife resources;
(ii) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have not been commingled with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to receive the records.
(ii) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have been commingled with other records, if the veteran has recorded a "request for exemption from public disclosure of discharge papers" with the county auditor. If such a request has been recorded, these records may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of the county auditor after June 30, 2002, are not public records, but will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of kin of deceased veterans have the same rights to full access to the record. Next of kin are the veteran's widow or widower who has not remarried, son, daughter, father, mother, brother, and sister.
(bbb) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a city, county, or state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile correctional facility or any individual's safety.
(ccc) Information compiled by school districts or schools in the development of their comprehensive safe school plans pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.
(ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities.
(eee) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW.
(fff) Proprietary data, trade secrets, or other information that relates to: (i) A vendor's unique methods of conducting business; (ii) data unique to the product or services of the vendor; or (iii) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011.
(ggg) Proprietary information deemed confidential for the purposes of section 923, chapter 26, Laws of 2003 1st sp. sess.
(hhh) Any records of the party ballot voted and returned by a particular unaffiliated voter.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
Sec. 173. RCW 42.17.310 and 2003 c 277 s 3 and 2003 c 124 s 1 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses or residential telephone numbers of employees or volunteers of a public agency which are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data base created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.
(nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.
(rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law.
(tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.
(vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.
(ww) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of:
(i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and
(ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism.
(xx) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data. However, this information may be released to government agencies concerned with the management of fish and wildlife resources.
(yy) Sensitive wildlife data obtained by the department of fish and wildlife. However, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data includes:
(i) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;
(ii) Radio frequencies used in, or locational data generated by, telemetry studies; or
(iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:
(A) The species has a known commercial or black market value;
(B) There is a history of malicious take of that species; or
(C) There is a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.
(zz) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying information to:
(i) Government agencies concerned with the management of fish and wildlife resources;
(ii) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have not been commingled with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to receive the records.
(ii) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have been commingled with other records, if the veteran has recorded a "request for exemption from public disclosure of discharge papers" with the county auditor. If such a request has been recorded, these records may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of the county auditor after June 30, 2002, are not public records, but will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of kin of deceased veterans have the same rights to full access to the record. Next of kin are the veteran's widow or widower who has not remarried, son, daughter, father, mother, brother, and sister.
(bbb) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a city, county, or state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile correctional facility or any individual's safety.
(ccc) Information compiled by school districts or schools in the development of their comprehensive safe school plans pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.
(ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities.
(eee) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW.
(fff) Proprietary data, trade secrets, or other information that relates to: (i) A vendor's unique methods of conducting business; (ii) data unique to the product or services of the vendor; or (iii) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011.
(ggg) Any records of the party ballot voted and returned by a particular unaffiliated voter.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
NEW SECTION. Sec. 174. The following acts or parts of acts are each repealed:
(1) RCW 29A.04.903 (Effective date--2003 c 111) and 2003 c 111 s 2405;
(2) RCW 29A.36.140 (Primaries--Rotating names of candidates) and 2003 c 111 s 914;
(3) RCW 29A.52.110 (Application of chapter) and 2003 c 111 s 1302;
(4) RCW 29A.52.120 (General election laws govern primaries) and 2003 c 111 s 1303;
(5) RCW 29A.52.130 (Blanket primary authorized) and 2003 c 111 s 1304; and
(6) RCW 29A.56.010 (Intent) and 2003 c 111 s 1401 & 1989 c 4 s 1.
PART 2 - ALTERNATIVE PRIMARY
NEW SECTION. Sec. 201. "Major political party" means a political party identified as the party best approximating his or her political philosophy by at least one candidate for an office voted upon statewide who also received at least five percent of the total votes cast for that office at the last primary or general election in a year in which the governor is elected.
NEW SECTION. Sec. 202. The rights of Washington voters are protected by its Constitution and laws and include the following fundamental rights:
(1) The right of qualified voters to vote at all elections;
(2) The right of absolute secrecy of the vote. No voter may be required to disclose political faith or adherence in order to vote; and
(3) The right to cast a vote for any candidate for each office without any limitation based on party preference or affiliation, of either the voter or the candidate.
NEW SECTION. Sec. 203. "Partisan office" means an office for which a candidate may identify a political philosophy under section 214(3) or 215 of this act, and is limited to the following offices:
(1) United States senator and representative;
(2) All state offices except (a) judicial offices and (b) the office of superintendent of public instruction;
(3) All county offices except (a) judicial offices and (b) those offices where a county home rule charter provides otherwise.
NEW SECTION. Sec. 204. "Primary" means a statutory qualifying procedure in which each registered voter eligible to vote in the district or jurisdiction is permitted to cast a vote for his or her preferred candidate for each office appearing on the ballot, without any limitation based on party preference or affiliation on the part of the voter or the candidate, with the result that not more than two candidates for each office qualify to appear on the general election ballot.
NEW SECTION. Sec. 205. Qualifying primaries for general elections to be held in November must be held on the third Tuesday of the preceding September or on the seventh Tuesday immediately preceding such general election, whichever occurs first.
NEW SECTION. Sec. 206. (1) A person filing a declaration of candidacy for an office shall, at the time of filing, be a registered voter and possess the qualifications specified by law for persons who may be elected to the office.
(2) Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, no person may file for more than one office.
(3) The name of a candidate for an office shall not appear on a ballot for that office unless, except as provided in RCW 3.46.067 and 3.50.057, the candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to vote in the geographic area represented by the office. For the purposes of this section, each geographic area in which registered voters may cast ballots for an office is represented by that office. If a person elected to an office must be elected from a district or similar division of the geographic area represented by the office, the name of a candidate for the office shall not appear on a primary ballot for that office unless the candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to vote in that district or division. The officer with whom declarations of candidacy must be filed under this title shall review each such declaration filed regarding compliance with this subsection.
(4) The requirements of voter registration and residence within the geographic area of a district do not apply to candidates for congressional office. Qualifications for United States Congress are specified in the United States Constitution.
NEW SECTION. Sec. 207. Nominations of candidates for president and vice president of the United States other than by a major political party must be made at a convention to be held not earlier than the first Sunday in July and not later than seventy days before the general election.
NEW SECTION. Sec. 208. In order to nominate candidates for the offices of president and vice president of the United States, a nominating convention shall obtain and submit to the filing officer the signatures of at least two hundred registered voters of the state of Washington.
NEW SECTION. Sec. 209. A nominating petition submitted under this chapter shall clearly identify the name of the minor party or independent candidate. The petition shall also contain a statement that the person signing the petition is a registered voter of the state of Washington and shall have a space for the voter to sign his or her name and to print his or her name and address. The nominating petition must be submitted to the secretary of state not later than ten days after adjournment of the convention.
NEW SECTION. Sec. 210. A certificate evidencing nominations of candidates for the offices of president and vice president made at a convention must:
(1) Be in writing;
(2) Contain the name of each person nominated for the offices of president and vice president of the United States, their addresses, and a sworn statement from both nominees giving their consent to the nomination;
(3) Identify the minor political party or the independent candidate on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and secretary;
(5) Be accompanied by a nominating petition or petitions bearing the signatures and addresses of registered voters equal in number to that required by section 208 of this act;
(6) Contain proof of publication of the notice of calling the convention; and
(7) Be submitted to the secretary of state not later than one week following the adjournment of the convention at which the nominations were made.
NEW SECTION. Sec. 211. (1) If two or more valid certificates of nomination are filed purporting to nominate different candidates for president and vice president using the same party name, the filing officer must give effect to both certificates. If conflicting claims to the party name are not resolved either by mutual agreement or by a judicial determination of the right to the name, the candidates must be treated as independent candidates. Disputes over the right to the name must not be permitted to delay the printing of either ballots or a voters' pamphlet.
(2) A person affected may petition the superior court of Thurston county for a judicial determination of the right to the name of a minor political party, either before or after documents are filed with the secretary of state. The court shall resolve the conflict between competing claims to the use of the same party name according to the following principles: (a) The prior established public use of the name during previous elections by a party composed of or led by the same individuals or individuals in documented succession; (b) prior established public use of the name earlier in the same election cycle; (c) documented affiliation with a national or statewide party organization with an established use of the name; (d) the first date of filing of a certificate of nomination; and (e) such other indicia of an established right to use of the name as the court may deem relevant. Upon resolving the conflict between competing claims, the court may also address any ballot designation for the candidate who does not prevail.
NEW SECTION. Sec. 212. A minor political party or independent candidate convention nominating candidates for the offices of president and vice president of the United States shall, not later than ten days after the adjournment of the convention, submit a list of presidential electors to the office of the secretary of state. The list shall contain the names and the mailing addresses of the persons selected and shall be verified by the candidates named on the nominating petition.
NEW SECTION. Sec. 213. Upon the receipt of the nominating petition, the secretary of state shall canvass the signatures. Once the determination of the sufficiency of the petitions has been made, the filing officer shall notify the candidates and any other persons requesting the notification. Any appeal regarding the filing officer's determination must be filed with the superior court of Thurston county not later than five days from the date the determination is made, and shall be heard and finally disposed of by the court within five days of the filing. Nominating petitions shall not be available for public inspection or copying.
NEW SECTION. Sec. 214. 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 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) For those offices defined in section 203 of this act only, a place for the candidate to identify a major or minor political party, if any, the candidate regards as best approximating his or her own political philosophy. No candidate may list more than one political party. Nothing in this indication of political philosophy may be construed as denoting an endorsement or nomination by that party. The sole purpose of allowing candidates to identify a political party preference is to provide to voters a brief description of each candidate's political philosophy, which the voters may consider when casting their votes at a primary or general election. If a court of competent jurisdiction holds that a political party has a right to control the use of the name in a manner inconsistent with this subsection, this subsection is inoperative and section 215 of this act applies;
(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 petition in lieu of the filing fee under section 217 of this act;
(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 section 217 of this act.
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. 215. If, as provided in section 214(3) of this act, a court of competent jurisdiction holds that a political party has the right to control the use of its name in a manner inconsistent with the provisions of that subsection, then the following process applies:
For those offices defined in section 203 of this act, a place for the candidate to submit a description of up to three words that the candidate regards as best approximating his or her own political philosophy. The sole purpose of allowing a candidate to submit a three-word description is to provide to voters information about each candidate's political philosophy, which the voters may consider when casting their votes at a primary or general election. The secretary of state shall adopt rules as necessary for the implementation of this section.
NEW SECTION. Sec. 216. Any candidate may mail his or her declaration of candidacy for an office to the filing officer. Such declarations of candidacy shall be processed by the filing officer in the following manner:
(1) Any declaration received by the filing officer by mail before the tenth business day immediately preceding the first day for candidates to file for office shall be returned to the candidate submitting it, together with a notification that the declaration of candidacy was received too early to be processed. The candidate shall then be permitted to resubmit his or her declaration of candidacy during the filing period.
(2) Any properly executed declaration of candidacy received by mail on or after the tenth business day immediately preceding the first day for candidates to file for office and before the close of business on the last day of the filing period shall be included with filings made in person during the filing period. In primaries for partisan office and judicial offices the filing officer shall determine by lot the order in which the names of those candidates shall appear upon sample and absentee primary ballots.
(3) Any declaration of candidacy received by the filing officer after the close of business on the last day for candidates to file for office shall be rejected and returned to the candidate attempting to file it.
NEW SECTION. Sec. 217. A filing fee of one dollar shall accompany each declaration of candidacy for precinct committee officer; a filing fee of ten dollars shall accompany the declaration of candidacy for any office with a fixed annual salary of one thousand dollars or less; a filing fee equal to one percent of the annual salary of the office at the time of filing shall accompany the declaration of candidacy for any office with a fixed annual salary of more than one thousand dollars per annum. No filing fee need accompany a declaration of candidacy for any office for which compensation is on a per diem or per meeting attended basis.
A candidate who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit with his or her declaration of candidacy a filing petition. The petition shall contain not less than a number of signatures of registered voters equal to the number of dollars of the filing fee. The signatures shall be of voters registered to vote within the jurisdiction of the office for which the candidate is filing.
When the candidacy is for:
(1) A legislative or judicial office that includes territory from more than one county, the fee shall be paid to the secretary of state for equal division between the treasuries of the counties comprising the district.
(2) A city or town office, the fee shall be paid to the county auditor who shall transmit it to the city or town clerk for deposit in the city or town treasury.
NEW SECTION. Sec. 218. The filing petition authorized by section 217 of this act shall be printed on sheets of uniform color and size, shall contain no more than twenty numbered lines, and must be in substantially the following form:
The warning prescribed by RCW 29A.72.140; followed by:
We, the undersigned registered voters of . . .(the state of Washington or the political subdivision for which the filing is made). . ., hereby petition that the name of . . .(candidate's name). . . be printed on the official primary ballot for the office of . . .(insert name of office). . ..
If the candidate listed a political party on the declaration of candidacy, then the name of that party must appear on the filing petition.
The petition must include a place for each individual to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.
NEW SECTION. Sec. 219. Petitions may be rejected for the following reasons:
(1) The petition is not in the proper form;
(2) The petition clearly bears insufficient signatures;
(3) The petition is not accompanied by a declaration of candidacy;
(4) The time within which the petition and the declaration of candidacy could have been filed has expired.
If the petition is accepted, the officer with whom it is filed shall canvass the signatures contained on it and shall reject the signatures of those persons who are not registered voters and the signatures of those persons who are not registered to vote within the jurisdiction of the office for which the petition is filed. He or she shall additionally reject any signature that appears on the petitions of two or more candidates for the same office and shall also reject, each time it appears, the name of any person who signs the same petition more than once.
If the officer with whom the petition is filed refuses to accept the petition or refuses to certify the petition as bearing sufficient valid signatures, the person filing the petition may appeal that action to the superior court. The application for judicial review shall take precedence over other cases and matters and shall be speedily heard and determined.
NEW SECTION. Sec. 220. A void in candidacy for 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.
NEW SECTION. Sec. 221. The election officer with whom declarations of candidacy are filed shall give notice of a void in candidacy for 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.
NEW SECTION. Sec. 222. Filings to fill a void in candidacy for an office must be made in the same manner and with the same official as required during the regular filing period for such office.
NEW SECTION. Sec. 223. Filings for 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 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 an office leaving an unexpired term to be filled by an election for which filings have not been held; or
(3) A candidate 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.
NEW SECTION. Sec. 224. 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 sixth Tuesday prior to a primary but prior to the sixth Tuesday before an election; or
(2) A candidate 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 immediately following the last day allotted for a candidate to withdraw; or
(3) A vacancy occurs in any nonpartisan office on or after the sixth Tuesday prior to a primary but prior to the 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.
NEW SECTION. Sec. 225. A scheduled election lapses, the office is deemed stricken from the ballot, no purported write-in votes may be counted, and no candidate may be certified as elected, when:
(1) In an election for judge of the supreme court, superintendent of public instruction, or a partisan office, a void in candidacy occurs on or after the sixth 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 section 224 of this act, a candidate 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 sixth 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 sixth Tuesday prior to an election.
NEW SECTION. Sec. 226. Any person who desires to be a write-in candidate and have such votes counted at a primary or election may file a declaration of candidacy with the officer designated in RCW 29A.24.070 not later than the day before the primary or election. Declarations of candidacy for write-in candidates must be accompanied by a filing fee in the same manner as required of other candidates filing for the office as provided in section 217 of this act.
Votes cast for write-in candidates who have filed such declarations of candidacy need only specify the name of the candidate in the appropriate location on the ballot in order to be counted. Write-in votes cast for any other candidate, in order to be counted, must designate the office sought and position number, if the manner in which the write-in is done does not make the office or position clear. In order for write-in votes to be valid in jurisdictions employing optical-scan mark sense ballot systems the voter must complete the proper mark next to the write-in line for that office.
No person may file as a write-in candidate where:
(1) At a general election, the person attempting to file either filed as a write-in candidate for the same office at the preceding primary or the person's name appeared on the ballot for the same office at the preceding primary;
(2) The person attempting to file as a write-in candidate has already filed a valid write-in declaration for that primary or election, unless one or the other of the two filings is for the office of precinct committeeperson;
(3) The name of the person attempting to file already appears on the ballot as a candidate for another office, unless one of the two offices for which he or she is a candidate is precinct committeeperson.
The declaration of candidacy shall be similar to that required by section 214 of this act. No write-in candidate filing under this section may be included in any voter's pamphlet produced under chapter 29A.32 RCW unless that candidate qualifies to have his or her name printed on the general election ballot. The legislative authority of any jurisdiction producing a local voter's pamphlet under chapter 29A.32 RCW may provide, by ordinance, for the inclusion of write-in candidates in such pamphlets.
NEW SECTION. Sec. 227. If the death or disqualification of a candidate for a partisan or nonpartisan office does not give rise to the opening of a new filing period under section 223 of this act, then the following will occur:
(1) If the candidate dies or becomes disqualified after filing a declaration of candidacy but before the close of the filing period, then the declaration of candidacy is void and his or her name will not appear on the ballot;
(2) If the candidate dies or becomes disqualified after the close of the filing period but before the day of the primary, then his or her name will appear on the primary ballot and all otherwise valid votes for that candidate will be tabulated. The candidate's name will not appear on the general election ballot even if he or she otherwise would have qualified to do so, but no other candidate will advance, or be substituted, in the place of that candidate. If the candidate was the only candidate to qualify to advance to the general election, then the general election for that office lapses, and the office will be regarded as vacant as of the time the newly elected official would have otherwise taken office;
(3) If the candidate dies or becomes disqualified on or after the day of the primary, and he or she would have otherwise qualified to appear on the general election ballot, then his or her name will appear on the general election ballot and all otherwise valid votes for that candidate will be tabulated. If the candidate received a number of votes sufficient to be elected to office, but for his or her death or disqualification, then the office will be regarded as vacant as of the time the newly elected official would have otherwise taken office.
NEW SECTION. Sec. 228. (1) Whenever a vacancy occurs in the United States house of representatives or the United States senate from this state, the governor shall order a special election to fill the vacancy.
(2) Within ten days of such vacancy occurring, he or she shall issue a writ of election fixing a date for the special vacancy election not less than ninety days after the issuance of the writ, fixing a date for the primary for qualifying candidates for the special vacancy election not less than thirty days before the day fixed for holding the special vacancy election, fixing the dates for the special filing period, and designating the term or part of the term for which the vacancy exists. If the vacancy is in the office of United States representative, the writ of election shall specify the congressional district that is vacant.
(3) If the vacancy occurs less than six months before a state general election and before the second Friday following the close of the filing period for that general election, the special primary and special vacancy elections shall be held in concert with the state primary and state general election in that year.
(4) If the vacancy occurs on or after the first day for filing under RCW 29A.24.050 and on or before the second Friday following the close of the filing period, a special filing period of three normal business days shall be fixed by the governor and notice thereof given to all media, including press, radio, and television within the area in which the vacancy election is to be held, to the end that, insofar as possible, all interested persons will be aware of such filing period. The last day of the filing period shall not be later than the third Tuesday before the primary. The names of candidates who have filed valid declarations of candidacy during this three-day period shall appear on the approaching primary ballot.
(5) If the vacancy occurs later than the second Friday following the close of the filing period, a special primary and special vacancy election to fill the position shall be held after the next state general election but, in any event, no later than the ninetieth day following the November election.
NEW SECTION. Sec. 229. After calling a special primary and special vacancy election to fill a vacancy in the United States house of representatives or the United States senate from this state, the governor shall immediately notify the secretary of state who shall, in turn, immediately notify the county auditor of each county wholly or partly within which the vacancy exists.
Each county auditor shall publish notices of the special primary and the special vacancy election at least once in any legal newspaper published in the county, as provided by RCW 29A.52.310 and 29A.52.350 respectively.
NEW SECTION. Sec. 230. The general election laws and laws relating to primaries for partisan offices apply to the special primaries and vacancy elections provided for in sections 228 and 229 of this act to the extent that they are not inconsistent with the provisions of these sections. Statutory time deadlines relating to availability of absentee ballots, certification, canvassing, and related procedures that cannot be met in a timely fashion may be modified for the purposes of a specific primary or vacancy election under this chapter by the secretary of state through emergency rules adopted under RCW 29A.04.610.
NEW SECTION. Sec. 231. The voters' pamphlet must contain:
(1) Information about each ballot measure initiated by or referred to the voters for their approval or rejection as required by RCW 29A.32.070;
(2) In even-numbered years, statements, if submitted, advocating the candidacies of candidates qualified to appear on the ballot for the office of president and vice president of the United States, United States senator, United States representative, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, commissioner of public lands, superintendent of public instruction, insurance commissioner, state senator, state representative, justice of the supreme court, judge of the court of appeals, or judge of the superior court. Candidates may also submit a campaign mailing address and telephone number and a photograph not more than five years old and of a size and quality that the secretary of state determines to be suitable for reproduction in the voters' pamphlet;
(3) In odd-numbered years, if any office voted upon statewide appears on the ballot due to a vacancy, then statements and photographs for candidates for any vacant office listed in subsection (2) of this section must appear;
(4) In even-numbered years, a section explaining how voters may participate in the election campaign process; the address and telephone number of the public disclosure commission established under RCW 42.17.350; and a summary of the disclosure requirements that apply when contributions are made to candidates and political committees;
(5) In even-numbered years the name, address, and telephone number of each political party for which a candidate appearing on the ballot has expressed a preference on his or her declaration of candidacy, if the party has provided that information to the secretary of state;
(6) In each odd-numbered year immediately before a year in which a president of the United States is to be nominated and elected, information explaining the precinct caucus and convention process used by each major political party to elect delegates to its national presidential candidate nominating convention. The pamphlet must also provide a description of the statutory procedures by which minor political parties are formed and the statutory methods used by the parties to nominate candidates for president;
(7) In even-numbered years, a description of the office of precinct committee officer and its duties;
(8) An application form for an absentee ballot;
(9) A brief statement explaining the deletion and addition of language for proposed measures under RCW 29A.32.080;
(10) Any additional information pertaining to elections as may be required by law or in the judgment of the secretary of state is deemed informative to the voters.
NEW SECTION. Sec. 232. (1) The maximum number of words for statements submitted by candidates is as follows: State representative, one hundred words; state senator, judge of the superior court, judge of the court of appeals, justice of the supreme court, and all state offices voted upon throughout the state, except that of governor, two hundred words; president and vice president, United States senator, United States representative, and governor, three hundred words.
(2) Arguments written by committees under RCW 29A.32.060 may not exceed two hundred fifty words in length.
(3) Rebuttal arguments written by committees may not exceed seventy-five words in length.
(4) The secretary of state shall allocate space in the pamphlet based on the number of candidates for each office.
NEW SECTION. Sec. 233. On or before the day following the last day allowed for candidates to withdraw under RCW 29A.24.130, 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 preference, if any.
NEW SECTION. Sec. 234. (1) Except as provided to the contrary in RCW 82.14.036, 82.46.021, or 82.80.090, the ballot title of any referendum filed on an enactment or portion of an enactment of a local government and any other question submitted to the voters of a local government consists of three elements: (a) An identification of the enacting legislative body and a statement of the subject matter; (b) a concise description of the measure; and (c) a question. The ballot title must conform with the requirements and be displayed substantially as provided under RCW 29A.72.050, except that the concise description must not exceed seventy-five words. If the local governmental unit is a city or a town, the concise statement shall be prepared by the city or town attorney. If the local governmental unit is a county, the concise statement shall be prepared by the prosecuting attorney of the county. If the unit is a unit of local government other than a city, town, or county, the concise statement shall be prepared by the prosecuting attorney of the county within which the majority area of the unit is located.
(2) A referendum measure on the enactment of a unit of local government shall be advertised in the manner provided for candidates for elective office.
(3) Subsection (1) of this section does not apply if another provision of law specifies the ballot title for a specific type of ballot question or proposition.
NEW SECTION. Sec. 235. Except for the candidates for the positions of president and vice president or for a partisan or nonpartisan office for which no primary is required, the names of all candidates who, under this title, filed a declaration of candidacy will appear on the appropriate ballot at the primary throughout the jurisdiction of the office for which they are a candidate.
NEW SECTION. Sec. 236. (1) Except as provided in RCW 29A.36.180 and in subsection (2) of this section, on the ballot at the general election for 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 an office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW 29A.36.130.
(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.
NEW SECTION. Sec. 237. The names of the persons certified by the secretary of state or the county canvassing board as having qualified to appear on the general election ballot shall be printed on the ballot at the ensuing election.
No name of any candidate for an office for which a primary is conducted may 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.
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 elected at the same election.
NEW SECTION. Sec. 238. 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 primary election shall be held in the odd-numbered year if, after the last day allowed for candidates to withdraw no more than two candidates have filed a declaration of candidacy for a single office to be filled.
In 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 primary ballot, but for the provisions of this section, shall be printed as candidates for the positions sought upon the general election ballot.
NEW SECTION. Sec. 239. Candidates for partisan offices will appear on the ballot at primaries held under this chapter.
NEW SECTION. Sec. 240. (1) Whenever candidates for partisan office are to be elected, the general election must be preceded by a primary conducted under this chapter, except as otherwise provided in law. Based upon votes cast at the primary, two candidates must be certified as qualified to appear on the general election ballot, under sections 236 and 242 of this act.
(2) A primary may not be used to select the nominees of a political party. A primary is a critical stage in the public process by which voters elect candidates to public office.
(3) If a candidate indicates a political philosophy as provided by section 214(3) or 215 of this act on his or her declaration of candidacy, then the philosophy will be listed for the candidate on the primary and general election ballots. Each candidate who does not express a philosophy will be listed as an independent candidate on the primary and general election ballots. Political philosophy will be listed for the information of the voters only, and may not be used for any purpose relating to the conduct, canvassing, or certification of the primary, and may in no way limit the options available to voters in deciding for whom to cast a vote.
NEW SECTION. Sec. 241. The offices of superintendent of public instruction, justice of the supreme court, judge of the court of appeals, judge of the superior court, and judge of the district court shall be nonpartisan and the candidates therefor shall be qualified and elected as such.
All city, town, and special purpose district elective offices shall be nonpartisan and the candidates therefor shall be qualified and elected as such.
NEW SECTION. Sec. 242. No later than the day following the certification of the returns of any primary, the secretary of state shall certify to the appropriate county auditors, the names of all persons qualified to appear on the general election ballot as candidates for offices, the returns of which have been canvassed by the secretary of state.
NEW SECTION. Sec. 243. Except as provided in RCW 29A.32.260, notice for any state, county, district, or municipal election, whether special or general, must be given by at least one publication not more than ten nor less than three days before the election by the county auditor or the officer conducting the election as the case may be, in one or more newspapers of general circulation within the county. The legal notice must contain the title of each office under the proper party preference, the names and addresses of all candidates who have been qualified to appear on the ballot for an office to be voted upon at that election, together with the ballot titles of all measures, the hours during which the polls will be open, and the polling places for each precinct, giving the address of each polling place. The names of all candidates for nonpartisan offices must be published separately with designation of the offices for which they are candidates but without party designation. This is the only notice required for a state, county, district, or municipal general or special election and supersedes the provisions of any and all other statutes, whether general or special in nature, having different requirements for the giving of notice of any general or special elections.
NEW SECTION. Sec. 244. (1) For any office at any election or primary, any voter may write in on the ballot the name of any person for an office who has filed as a write-in candidate for the office in the manner provided by section 226 of this act and such vote shall be counted the same as if the name had been printed on the ballot and marked by the voter. No write-in vote made for any person who has not filed a declaration of candidacy pursuant to section 226 of this act is valid if that person filed for the same office, either as a regular candidate or a write-in candidate, at the preceding primary. Any abbreviation used to designate office, position, or political party shall be accepted if the canvassing board can determine, to their satisfaction, the voter's intent.
(2) The number of write-in votes cast for each office must be recorded and reported with the canvass for the election.
(3) Write-in votes cast for an individual candidate for an office need not be tallied if the total number of write-in votes cast for the office is not greater than the number of votes cast for the candidate apparently qualified to appear on the general election ballot or elected, and the write-in votes could not have altered the outcome of the primary or election. In the case of write-in votes for statewide office or for any office whose jurisdiction encompasses more than one county, write-in votes for an individual candidate must be tallied whenever the county auditor is notified by either the office of the secretary of state or another auditor in a multicounty jurisdiction that it appears that the write-in votes could alter the outcome of the primary or election.
(4) In the case of statewide offices or jurisdictions that encompass more than one county, if the total number of write-in votes cast for an office within a county is greater than the number of votes cast for a candidate apparently qualified to appear on the general election ballot or elected in a primary or election, the auditor shall tally all write-in votes for individual candidates for that office and notify the office of the secretary of state and the auditors of the other counties within the jurisdiction, that the write-in votes for individual candidates should be tallied.
NEW SECTION. Sec. 245. (1) If the requisite number of any federal, state, county, city, or district offices have not qualified to appear on the general election ballot in a primary by reason of two or more persons having an equal and requisite number of votes for being placed on the general election ballot, the official empowered by state law to certify candidates for the general election ballot shall give notice to the several persons so having the equal and requisite number of votes to attend at the appropriate office at the time designated by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared qualified and placed on the general election ballot.
(2) If the requisite number of any federal, state, county, city, district, or precinct officers have not been elected by reason of two or more persons having an equal and highest number of votes for one and the same office, the official empowered by state law to issue the original certificate of election shall give notice to the several persons so having the highest and equal number of votes to attend at the appropriate office at the time to be appointed by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared duly elected, and the official shall make out and deliver to the person thus duly declared elected a certificate of election.
NEW SECTION. Sec. 246. An officer of a political party or any person for whom votes were cast in a primary who was not declared qualified to appear on the general election ballot may file a written application for a recount of the votes or a portion of the votes cast at that primary for all persons for whom votes were cast for that office.
An officer of a political party or any person for whom votes were cast at any election may file a written application for a recount of the votes or a portion of the votes cast at that election for all candidates for election to that office.
Any group of five or more registered voters may file a written application for a recount of the votes or a portion of the votes cast upon any question or issue. They shall designate one of the members of the group as chair and shall indicate the voting residence of each member of the group.
An application for a recount of the votes cast for an office or on a ballot measure must be filed with the officer with whom filings are made for the jurisdiction.
An application for a recount must specify whether the recount will be done manually or by the vote tally system. A recount done by the vote tally system must use programming that recounts and reports only the office or ballot measure in question. The county shall also provide for a test of the logic and accuracy of that program.
An application for a recount must be filed within three business days after the county canvassing board or secretary of state has declared the official results of the primary or election for the office or issue for which the recount is requested.
This chapter applies to the recounting of votes cast by paper ballots and to the recounting of votes recorded on ballots counted by a vote tally system.
NEW SECTION. Sec. 247. (1) If the official canvass of all of the returns for any office at any primary or election reveals that the difference in the number of votes cast for a candidate apparently qualified to appear on the general election ballot or elected to any office and the number of votes cast for the closest apparently defeated opponent is less than two thousand votes and also less than one-half of one percent of the total number of votes cast for both candidates, the county canvassing board shall conduct a recount of all votes cast on that position.
(a) Whenever such a difference occurs in the number of votes cast for candidates for a position the declaration of candidacy for which was filed with the secretary of state, the secretary of state shall, within three business days of the day that the returns of the primary or election are first certified by the canvassing boards of those counties, direct those boards to recount all votes cast on the position.
(b) If the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one hundred fifty votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.
(2) A mandatory recount shall be conducted in the manner provided by sections 248, 249, and 250 of this act. No cost of a mandatory recount may be charged to any candidate.
(3) The apparent winner and closest apparently defeated opponent for an office for which a manual recount is required under subsection (1)(b) of this section may select an alternative method of conducting the recount. To select such an alternative, the two candidates shall agree to the alternative in a signed, written statement filed with the election official for the office. The recount shall be conducted using the alternative method if: It is suited to the balloting system that was used for casting the votes for the office; it involves the use of a vote tallying system that is approved for use in this state by the secretary of state; and the vote tallying system is readily available in each county required to conduct the recount. If more than one balloting system was used in casting votes for the office, an alternative to a manual recount may be selected for each system.
NEW SECTION. Sec. 248. An application for a recount shall state the office for which a recount is requested and whether the request is for all or only a portion of the votes cast in that jurisdiction of that office. The person filing an application for a manual recount shall, at the same time, deposit with the county canvassing board or secretary of state, in cash or by certified check, a sum equal to twenty-five cents for each ballot cast in the jurisdiction or portion of the jurisdiction for which the recount is requested as security for the payment of any costs of conducting the recount. If the application is for a machine recount, the deposit must be equal to fifteen cents for each ballot. These charges shall be determined by the county canvassing board or boards under RCW 29A.64.080.
The county canvassing board shall determine a time and a place or places at which the recount will be conducted. This time shall be less than three business days after the day upon which: The application was filed with the board; the request for a recount or directive ordering a recount was received by the board from the secretary of state; or the returns are certified which indicate that a recount is required under RCW 29A.64.020 for an issue or office voted upon only within the county. Not less than two days before the date of the recount, the county auditor shall mail a notice of the time and place of the recount to the applicant or affected parties and, if the recount involves an office, to any person for whom votes were cast for that office. The county auditor shall also notify the affected parties by either telephone, fax, e-mail, or other electronic means at the time of mailing. At least three attempts must be made over a two-day period to notify the affected parties or until the affected parties have received the notification. Each attempt to notify affected parties must request a return response indicating that the notice has been received. Each person entitled to receive notice of the recount may attend, witness the recount, and be accompanied by counsel.
Proceedings of the canvassing board are public under chapter 42.30 RCW. Subject to reasonable and equitable guidelines adopted by the canvassing board, all interested persons may attend and witness a recount.
NEW SECTION. Sec. 249. (1) At the time and place established for a recount, the canvassing board or its duly authorized representatives, in the presence of all witnesses who may be in attendance, shall open the sealed containers containing the ballots to be recounted, and shall recount the votes for the offices or issues for which the recount has been ordered. Ballots shall be handled only by the members of the canvassing board or their duly authorized representatives.
Witnesses shall be permitted to observe the ballots and the process of tabulating the votes, but they shall not be permitted to handle the ballots. The canvassing board shall not permit the tabulation of votes for any office or issue other than the ones for which a recount was applied for or required.
(2) At any time before the ballots from all of the precincts listed in the application for the recount have been recounted, the applicant may file with the board a written request to stop the recount.
(3) The recount may be observed by persons representing the candidates affected by the recount or the persons representing both sides of an issue that is being recounted. The observers may not make a record of the names, addresses, or other information on the ballots, poll books, or applications for absentee ballots unless authorized by the superior court. The secretary of state or county auditor may limit the number of observers to not less than two on each side if, in his or her opinion, a greater number would cause undue delay or disruption of the recount process.
NEW SECTION. Sec. 250. Upon completion of the canvass of a recount, the canvassing board shall prepare and certify an amended abstract showing the votes cast in each precinct for which the recount was conducted. Copies of the amended abstracts must be transmitted to the same officers who received the abstract on which the recount was based.
If the office or issue for which the recount was conducted was submitted only to the voters of a county, the canvassing board shall file the amended abstract with the original results of that election or primary.
If the office or issue for which a recount was conducted was submitted to the voters of more than one county, the secretary of state shall canvass the amended abstracts and shall file an amended abstract with the original results of that election. An amended abstract certified under this section supersedes any prior abstract of the results for the same offices or issues at the same primary or election.
NEW SECTION. Sec. 251. The canvassing board shall determine the expenses for conducting a recount of votes.
The cost of the recount shall be deducted from the amount deposited by the applicant for the recount at the time of filing the request for the recount, and the balance shall be returned to the applicant. If the costs of the recount exceed the deposit, the applicant shall pay the difference. No charges may be deducted by the canvassing board from the deposit for a recount if the recount changes the result of the primary or election for which the recount was ordered.
NEW SECTION. Sec. 252. Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any person charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge by affidavit of an elector that:
(1) An error or omission has occurred or is about to occur in printing the name of any candidate on official ballots; or
(2) An error other than as provided in subsections (1) and (3) of this section has been committed or is about to be committed in printing the ballots; or
(3) The name of any person has been or is about to be wrongfully placed upon the ballots; or
(4) A wrongful act other than as provided for in subsections (1) and (3) of this section has been performed or is about to be performed by any election officer; or
(5) Any neglect of duty on the part of an election officer other than as provided for in subsections (1) and (3) of this section has occurred or is about to occur; or
(6) An error or omission has occurred or is about to occur in the issuance of a certificate of election.
An affidavit of an elector under subsections (1) and (3) above when relating to a primary election must be filed with the appropriate court no later than the second Friday following the closing of the filing period for such office and shall be heard and finally disposed of by the court not later than five days after the filing thereof. An affidavit of an elector under subsections (1) and (3) of this section when relating to a general election must be filed with the appropriate court no later than three days following the official certification of the primary election returns and shall be heard and finally disposed of by the court not later than five days after the filing thereof. An affidavit of an elector under subsection (6) of this section shall be filed with the appropriate court no later than ten days following the issuance of a certificate of election.
NEW SECTION. Sec. 253. The following apply to persons signing petitions prescribed by sections 209 and 218 of this act:
(1) A person who signs a petition with any other than his or her name shall be guilty of a misdemeanor.
(2) A person shall be guilty of a misdemeanor if the person knowingly: Signs more than one petition for any single candidacy of any single candidate; signs the petition when he or she is not a legal voter; or makes a false statement as to his or her residence.
NEW SECTION. Sec. 254. Every person who:
(1) Knowingly provides false information on his or her declaration of candidacy, filing petition, or nominating petition; or
(2) Conceals or fraudulently defaces or destroys a certificate that has been filed with an elections officer under sections 207 through 212 of this act or a declaration of candidacy or petition of nomination that has been filed with an elections officer, or any part of such a certificate, declaration, or petition, is guilty of a class C felony punishable under RCW 9A.20.021.
NEW SECTION. Sec. 255. Every person who:
(1) Knowingly and falsely issues a certificate of qualification or election; or
(2) Knowingly provides false information on a certificate which must be filed with an elections officer under sections 207 through 212 of this act, is guilty of a class C felony punishable under RCW 9A.20.021.
NEW SECTION. Sec. 256. (1) The subheadings in chapter 29A.52 RCW "PARTISAN PRIMARIES" AND "NONPARTISAN PRIMARIES" will be combined under one subheading "PRIMARIES."
(2) The subheading in chapter 29A.20 RCW "MINOR PARTY AND INDEPENDENT CANDIDATE NOMINATIONS" will be changed to "MINOR AND INDEPENDENT PRESIDENTIAL CANDIDATES."
NEW SECTION. Sec. 257. Sections 201 through 255 of this act constitute a new chapter in Title 29A RCW.
PART 3 - SELECTION OF PRIMARY PROCEDURES
NEW SECTION. Sec. 301. A new section is added to chapter 29A.52 RCW to read as follows:
No political party or person may obtain information from any state or local governmental unit that could link a particular voter to the votes cast by that voter, or could reveal the choice of party ballot made by any particular unaffiliated voter.
After June 15, 2004, if before March 1st in any election year, the rules of a major political party require the disclosure of information from any state or local governmental unit that could link a particular voter to the votes cast by that voter, or could reveal the choice of party ballot made by any particular unaffiliated voter, the party must nominate its candidates according to section 302 of this act for that election year and the following election year.
After June 15, 2004, if after March 1st in any election year, the rules of a major political party require the disclosure of information from any state or local governmental unit that could link a particular voter to the votes cast by that voter, or could reveal the choice of party ballot made by any particular unaffiliated voter, the party must nominate its candidates according to section 302 of this act for the following two election years.
For the purposes of this section, an "election year" begins on November 1st and continues until October 31st of the next year.
NEW SECTION. Sec. 302. A new section is added to chapter 29A.52 RCW to read as follows:
If the state chair of a major political party has provided the secretary of state with a signed statement refusing to consent to the participation of unaffiliated voters in that party's primary as described in section 157(2) of this act, or if section 301 of this act applies, the following provisions apply to that party's nomination of candidates for the general election:
(1) The major political party shall be deemed a party not participating in the primary and must nominate its candidates for the general election using the processes otherwise applicable to minor political parties and independent candidates contained in RCW 29A.20.110 through 29A.20.200.
(2) The party shall submit to the secretary of state the names and voter registration addresses of the registered party members of the party who participated in the nomination of a party candidate to the general election ballot. The secretary of state shall: (a) Segregate the names and addresses by county; and (b) transmit the names and addresses of the party members from each county to the county auditor for that county.
(3) Any voter who participated in the nomination of a candidate may only vote a nonpartisan ballot in the subsequent primary. The county auditor for the county in which the voter is registered to vote shall provide a nonpartisan ballot for the voter's use at the primary, if nonpartisan races or ballot measures are on the ballot.
(4) The expenses incurred to nominate a candidate for inclusion on the general election ballot shall be borne by that party to the same extent as such expenses are borne by minor political parties and independent candidates.
(5) This section does not apply if the secretary of state has issued notice under section 303 of this act that no partisan primary may be held.
NEW SECTION. Sec. 303. A new section is added to chapter 29A.52 RCW to read as follows:
(1) After June 15, 2004, if on March 15th every major political party: (a) Has refused to consent to the participation of unaffiliated voters under section 157 of this act; or (b) will not be participating in the forthcoming partisan primary due to a violation of section 301 of this act, no partisan primary may be held.
(2) If subsection (1) of this section applies, no later than March 15th the secretary of state shall notify the governor, the majority and minority leaders of the two largest caucuses in the senate and the house of representatives, the code reviser, and each county auditor that all major parties are ineligible to participate in the partisan primaries described in this title. Upon issuance of the notification, no partisan primary will be held in that calendar year.
(3) The secretary of state shall determine each year thereafter whether subsection (1) of this section continues to apply, and shall notify the governor, the majority and minority leaders of the two largest caucuses in the senate and the house of representatives, the code reviser, and each county auditor accordingly.
(4) All eligible electors may only vote a nonpartisan ballot in the primary.
(5) Until such time as subsection (1) of this section no longer applies, the state and counties shall conduct qualifying primaries as provided in chapter 29A.-- RCW (sections 201 through 255 of this act).
PART 4 - MISCELLANEOUS PROVISIONS
NEW SECTION. Sec. 401. 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.
NEW SECTION. Sec. 402. Part headings used in this act are not any part of the law.
NEW SECTION. Sec. 403. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately, except for section 173 of this act which takes effect June 30, 2005."
SB 6453 - S AMD TO S AMD (S-4961.3/04) 762
By Senators Kastama, Swecker
NOT ADOPTED 03/02/2004
On page 41, line 12 of the title amendment, after "primary;" strike the remainder of the title amendment and insert "amending RCW 29A.04.007, 29A.04.215, 29A.04.310, 29A.04.320, 29A.08.110, 29A.08.125, 29A.08.135, 29A.08.140, 29A.08.145, 29A.08.210, 29A.08.340, 29A.08.350, 29A.08.360, 29A.08.410, 29A.08.430, 29A.08.645, 29A.08.710, 29A.12.100, 29A.20.020, 29A.20.120, 29A.20.140, 29A.20.150, 29A.20.160, 29A.20.170, 29A.20.190, 29A.20.200, 29A.24.030, 29A.24.100, 29A.24.130, 29A.24.210, 29A.24.310, 29A.28.040, 29A.28.060, 29A.28.070, 29A.32.030, 29A.32.240, 29A.36.010, 29A.36.100, 29A.36.110, 29A.36.120, 29A.36.130, 29A.36.150, 29A.36.160, 29A.36.190, 29A.40.060, 29A.40.090, 29A.44.020, 29A.44.200, 29A.44.230, 29A.52.230, 29A.52.310, 29A.52.320, 29A.60.020, 29A.80.040, 29A.80.050, and 42.17.020; reenacting and amending RCW 42.17.310 and 42.17.310; adding new sections to chapter 29A.04 RCW; adding a new section to chapter 29A.08 RCW; adding a new section to chapter 29A.32 RCW; adding a new section to chapter 29A.36 RCW; adding a new section to chapter 29A.40 RCW; adding new sections to chapter 29A.52 RCW; adding a new section to chapter 29A.60 RCW; adding a new section to chapter 29A.64 RCW; adding a new section to chapter 29A.68 RCW; adding a new chapter to Title 29A RCW; creating new sections; repealing RCW 29A.04.903, 29A.36.140, 29A.52.110, 29A.52.120, 29A.52.130, and 29A.56.010; prescribing penalties; providing an effective date; providing expiration dates; and declaring an emergency."
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