BILL REQ. #:  H-3774.1 

Read first time 01/20/2004.   Referred to Committee on State Government.

     AN ACT Relating to party caucuses; amending RCW 29A.04.127, 29A.04.157, 29A.04.310, 29A.04.420, 29A.04.570, 29A.08.605, 29A.16.040, 29A.20.020, 29A.20.120, 29A.20.140, 29A.20.150, 29A.20.200, 29A.24.030, 29A.24.080, 29A.24.100, 29A.24.130, 29A.24.210, 29A.24.310, 29A.28.020, 29A.28.040, 29A.28.050, 29A.28.060, 29A.36.010, 29A.36.100, 29A.36.120, 29A.36.130, 29A.36.190, 29A.36.200, 29A.44.020, 29A.44.130, 29A.48.030, 29A.52.010, 29A.52.310, 29A.52.320, 29A.60.020, 29A.60.190, 29A.60.220, 29A.60.240, 29A.64.010, and 29A.80.010; adding new sections to chapter 29A.52 RCW; creating a new section; repealing RCW 29A.36.140, 29A.52.110, 29A.52.120, 29A.52.130, and 29A.04.903; and declaring an emergency.

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

Sec. 1   RCW 29A.04.127 and 2003 c 111 s 122 are each amended to read as follows:
     "Primary" or "primary election" means a statutory procedure for nominating candidates to nonpartisan public office at the polls.

Sec. 2   RCW 29A.04.157 and 2003 c 111 s 128 are each amended to read as follows:
     "September primary" means the primary election held in September to nominate candidates for nonpartisan office to be voted for at the ensuing election.

Sec. 3   RCW 29A.04.310 and 2003 c 111 s 143 are each amended to read as follows:
     For nonpartisan offices, nominating 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.

Sec. 4   RCW 29A.04.420 and 2003 c 111 s 147 are each amended to read as follows:
     (1) Whenever state officers or measures are voted upon at a state primary or general election held in an odd-numbered year under RCW 29A.04.320, the state of Washington shall assume a prorated share of the costs of that state primary or general election.
     (2) Whenever a ((primary or)) vacancy election is held to fill a vacancy in the position of United States senator or United States representative under chapter 29A.28 RCW, the state of Washington shall assume a prorated share of the costs of that ((primary or)) vacancy election.
     (3) The county auditor shall apportion the state's share of these expenses when prorating election costs under RCW 29A.04.410 and shall file such expense claims with the secretary of state.
     (4) The secretary of state shall include in his or her biennial budget requests sufficient funds to carry out this section. Reimbursements for election costs shall be from appropriations specifically provided by law for that purpose.

Sec. 5   RCW 29A.04.570 and 2003 c 111 s 155 are each amended to read as follows:
     (1)(a) The election review staff of the office of the secretary of state shall conduct a review of election-related policies, procedures, and practices in an affected county or counties:
     (i) If the unofficial returns of a ((primary or)) general election for a position in the state legislature indicate that a mandatory recount is likely for that position; or
     (ii) If unofficial returns indicate a mandatory recount is likely in a statewide election or an election for federal office.
     Reviews conducted under (ii) of this subsection shall be performed in as many selected counties as time and staffing permit. Reviews conducted as a result of mandatory recounts shall be performed between the time the unofficial returns are complete and the time the recount is to take place, if possible.
     (b) In addition to conducting reviews under (a) of this subsection, the election review staff shall also conduct such a review in a county periodically, in conjunction with a county primary or special or general election, at the direction of the secretary of state or at the request of the county auditor. If any resident of this state believes that an aspect of a primary or election has been conducted inappropriately in a county, the resident may file a complaint with the secretary of state. The secretary shall consider such complaints in scheduling periodic reviews under this section.
     (c) Before an election review is conducted in a county, the secretary of state shall provide the county auditor of the affected county and the chair of the state central committee of each major political party with notice that the review is to be conducted. When a periodic review is to be conducted in a county at the direction of the secretary of state under (b) of this subsection, the secretary shall provide the affected county auditor not less than thirty days' notice.
     (2) Reviews shall be conducted in conformance with rules adopted under RCW 29A.04.630. In performing a review in a county under this chapter, the election review staff shall evaluate the policies and procedures established for conducting the primary or election in the county and the practices of those conducting it. As part of the review, the election review staff shall issue to the county auditor and the members of the county canvassing board a report of its findings and recommendations regarding such policies, procedures, and practices. A review conducted under this chapter shall not include any evaluation, finding, or recommendation regarding the validity of the outcome of a primary or election or the validity of any canvass of returns nor does the election review staff have any jurisdiction to make such an evaluation, finding, or recommendation under this title.
     (3) The county auditor of the county in which a review is conducted under this section or a member of the canvassing board of the county may appeal the findings or recommendations of the election review staff regarding the review by filing an appeal with the board created under RCW 29A.04.510.

Sec. 6   RCW 29A.08.605 and 2003 c 111 s 236 are each amended to read as follows:
     In addition to the case-by-case maintenance required under RCW 29A.08.620 and 29A.08.630 and the canceling of registrations under RCW 29A.08.510, the county auditor shall establish a general program of voter registration list maintenance. This program must be a thorough review that is applied uniformly throughout the county and must be nondiscriminatory in its application. Any program established must be completed at least once every two years and not later than ninety days before the date of a ((primary or)) general election for federal office. The county may fulfill its obligations under this section in one of the following ways:
     (1) The county auditor may enter into one or more contracts with the United States postal service, or its licensee, which permit the auditor to use postal service change-of-address information. If the auditor receives change of address information from the United States postal service that indicates that a voter has changed his or her residence address within the county, the auditor shall transfer the registration of that voter and send a confirmation notice informing the voter of the transfer to the new address. If the auditor receives postal change of address information indicating that the voter has moved out of the county, the auditor shall send a confirmation notice to the voter and advise the voter of the need to reregister in the new county. The auditor shall place the voter's registration on inactive status;
     (2) A direct, nonforwardable, nonprofit or first-class mailing to every registered voter within the county bearing the postal endorsement "Return Service Requested." If address correction information for a voter is received by the county auditor after this mailing, the auditor shall place that voter on inactive status and shall send to the voter a confirmation notice;
     (3) Any other method approved by the secretary of state.

Sec. 7   RCW 29A.16.040 and 2003 c 111 s 404 are each amended to read as follows:
     (1) Precinct boundaries may be altered at any time as long as sufficient time exists prior to a given election for the necessary procedural steps to be honored. Except as permitted under subsection (4) of this section, no precinct boundaries may be changed during the period starting on the thirtieth day prior to the first day for candidates to file ((for the primary election)) declarations of candidacy and ending with the day of the general election.
     (2) Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred active registered voters. The number of poll-site ballot counting devices at each polling place is at the discretion of the auditor. The number of devices must be adequate to meet the expected voter turnout.
     (3) On petition of twenty-five or more voters resident more than ten miles from any polling site, the county legislative authority shall establish a separate voting precinct therefor.
     (4) The county auditor shall temporarily adjust precinct boundaries when a city or town annexes unincorporated territory to the city or town, or whenever unincorporated territory is incorporated as a city or town. The adjustment must be made as soon as possible after the approval of the annexation or incorporation. The temporary adjustment must be limited to the minimum changes necessary to accommodate the addition of the territory to the city or town, or to establish the eligible voters within the boundaries of the new city or town, and remains in effect only until precinct boundary modifications reflecting the annexation or incorporation are adopted by the county legislative authority.
     The county legislative authority may establish by ordinance a limitation on the maximum number of active registered voters in each precinct within its jurisdiction. The limitation may be different for precincts based upon the method of voting used for such precincts and the number may be less than the number established by law, but in no case may the number exceed that authorized by law.
     The county legislative authority of each county in the state hereafter formed shall, at their first session, divide their respective counties into election precincts and establish the boundaries of the precincts. The county auditor shall thereupon designate the voting place for each such precinct or whether the precinct is a vote by mail precinct.
     (5) In determining the number of active registered voters for the purposes of this section, persons who are ongoing absentee voters under RCW 29A.40.040 shall not be counted. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29A.60.230.

Sec. 8   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.
     (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 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.
     (4) This section does not apply to the office of a member of the United States Congress.

Sec. 9   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 may be made only: (a) In a convention held not earlier than the last Saturday in June 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.
     (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 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 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, a minor party or 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. 10   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.
     (2) In order to nominate candidates for the offices of president and vice president of the United States, United States senator, United States representative, 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. 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.

Sec. 11   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 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 shall 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)) a single office ((for a primary or election)).

Sec. 12   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. 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. 13   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)) be among the candidates considered 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;
     (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;
     (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. 14   RCW 29A.24.080 and 2003 c 111 s 608 are each amended to read as follows:
     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 ((partisan and)) judicial elections 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.

Sec. 15   RCW 29A.24.100 and 2003 c 111 s 610 are each amended to read as follows:
     The nominating petition authorized by RCW 29A.24.090 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 nomination is made) , hereby petition ((that the name of)) (candidate's name) be ((printed on the official primary ballot)) included among the persons declaring themselves candidates 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.

Sec. 16   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)) be withdrawn from the list of persons declaring themselves candidates for a particular office. 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 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. 17   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)) thirteenth Tuesday prior to a ((primary)) general election, 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)) must be treated as if filed during the regular filing period.

Sec. 18   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 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) 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)) already declared himself or herself a candidate for the same office the same year;
     (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 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. 19   RCW 29A.28.020 and 2003 c 111 s 702 are each amended to read as follows:
     A vacancy caused by the death or disqualification of any candidate or nominee of a major or minor political party may be filled at any time up to and including the day prior to the general election for that position. For state partisan offices in any political subdivision voted on solely by electors of a single county, an individual shall be appointed to fill such vacancy by the county central committee in the case of a major political party or by the state central committee or comparable governing body in the case of a minor political party. For other partisan offices, including federal or statewide offices, an individual shall be appointed to fill such vacancy by the state central committee or comparable governing body of the appropriate political party.
     If the vacancy occurs no later than the sixth Tuesday prior to the ((state primary or)) general election concerned and the ballots have been printed, it shall be mandatory that they be corrected by the appropriate election officers. In making such correction, it shall not be necessary to reprint complete ballots if any other less expensive technique can be used and the resulting correction is reasonably clear.
     If the vacancy occurs after the sixth Tuesday prior to the ((state primary or)) general election and time does not exist in which to correct ballots (including absentee ballots), either in total or in part, then the votes cast or recorded for the person who has died or become disqualified shall be counted for the person who has been named to fill such vacancy.
     When the secretary of state is the person with whom the appointment by the major or minor political party is filed, the secretary shall, in certifying candidates or nominations to the various county officers insert the name of the person appointed to fill a vacancy.
     If the secretary of state has already sent forth the certificate when the appointment to fill a vacancy is filed, the secretary shall forthwith certify to the county auditors of the proper counties the name and place of residence of the person appointed to fill a vacancy, the office for which the person is a candidate or nominee, the party the person represents, and all other pertinent facts pertaining to the vacancy.

Sec. 20   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.
     (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 candidates for the special vacancy election)) not less than thirty days before ((the day fixed for holding)) the special vacancy election by which major and minor political parties must submit certificates of nomination, 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)) election must 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 candidates are to be nominated. The names of candidates who have filed valid declarations of candidacy during this three-day period shall appear on the approaching primary ballot)) three weeks before the date by which major and minor political parties must submit certificates of nomination.
     (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)) general election.

Sec. 21   RCW 29A.28.050 and 2003 c 111 s 705 are each amended to read as follows:
     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)).

Sec. 22   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)) election 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. 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. 23   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 nonpartisan candidates who have filed declarations of candidacy in his or her office ((for the primary)), and shall certify to each major political party a list of the partisan candidates who have filed declarations of candidacy in his or her office. For each office, the certificate shall include the name of each candidate, his or her address, and his or her party designation, if any.

Sec. 24   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)) a nonpartisan office for which no primary is required, the names of all nonpartisan candidates who, under this title, filed a declaration of candidacy((, 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.

Sec. 25   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 arranged in substantially the ((same as on a primary ballot except that 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 general election ballot, the offices in each jurisdiction must be grouped together and be in the order of the position numbers assigned to those offices, if any. 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)) a general 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 ((primary and)) general election ballot. 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 document filed. A candidate may be deemed nominated by a minor party or independent convention only if all documentation required by chapter 29A.20 RCW has been timely filed.

Sec. 26   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)) the filings ((made in person and by mail)) for nonpartisan office, determine by lot the order in which the names of those candidates will appear on all sample and absentee ballots((. In the case of candidates for city, town, and district office, this procedure shall also determine the order for candidate names on)) and 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, the names shall appear on the general election ballot in the order determined by lot.

Sec. 27   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)) may 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)) was nominated for that office by a major or minor political party, evidenced by a valid certificate of nomination filed with the county auditor or secretary of state.

Sec. 28   RCW 29A.36.200 and 2003 c 111 s 920 are each amended to read as follows:
     The names of the persons certified as nominees by the secretary of state ((or)), the county canvassing board, or a major or minor political party shall be printed on the ballot at the ensuing general election.
     No name of any candidate whose nomination at a primary or party convention is required by law shall be placed upon the ballot at a general or special election unless it appears upon the certificate of either (1) the secretary of state, ((or)) (2) the county canvassing board, ((or)) (3) a major or minor party convention, or ((the state or county central committee of a major)) (4) a political party to fill a vacancy on its ticket under RCW 29A.28.020.
     Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, a candidate's name shall not appear more than once upon a ballot for a position regularly nominated or elected at the same election.

Sec. 29   RCW 29A.44.020 and 2003 c 111 s 1102 are each amended to read as follows:
     At any general or special 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. The lists must be furnished by the party or committee concerned.

Sec. 30   RCW 29A.44.130 and 2003 c 111 s 1112 are each amended to read as follows:
     In precincts where votes are cast on paper ballots, the following supplies, in addition to those specified in RCW 29A.44.110, must be provided:
     (1) Two tally books in which the names of the candidates will be listed in the order in which they appear on the sample ballots and in each case have the proper party designation, if any, at the head thereof;
     (2) Two certificates or two sample ballots prepared as blanks, for recording of the unofficial results by the precinct election officers.

Sec. 31   RCW 29A.48.030 and 2003 c 111 s 1203 are each amended to read as follows:
     In an odd-numbered year, the county auditor may conduct a primary or a special election by mail ballot concurrently with the primary:
     (1) For an office or ballot measure of a special purpose district that is entirely within the county;
     (2) For an office or ballot measure of a special purpose district that lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and
     (3) For a ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.
     The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot.
     A primary in an odd-numbered year may not be conducted by mail ballot in a precinct with two hundred or more active registered voters if a ((partisan office or)) state office or state ballot measure is to be voted upon at that primary in the precinct.
     To the extent they are not inconsistent with other provisions of law, the laws governing the conduct of mail ballot special elections apply to nonpartisan primaries conducted by mail ballot.

Sec. 32   RCW 29A.52.010 and 2003 c 111 s 1301 are each amended to read as follows:
     Whenever it shall be necessary to hold a special election in an odd-numbered year to fill an unexpired term of any office which is scheduled to be voted upon for a full term in an even-numbered year, no September primary election shall be held in the odd-numbered year if, after the last day allowed for candidates to withdraw, ((either of the following circumstances exist:
     (1) No more than one candidate of each qualified political party has filed a declaration of candidacy for the same partisan office to be filled; or
     (2))) no more than two candidates have filed a declaration of candidacy for a single nonpartisan office to be filled.
     ((In either event,)) The officer with whom the declarations of candidacy were filed shall immediately notify all candidates concerned and the names of the candidates that would have been printed upon the September primary ballot, but for the provisions of this section, shall be printed as nominees for the positions sought upon the November general election ballot.

NEW SECTION.  Sec. 33   A new section is added to chapter 29A.52 RCW to read as follows:
     A "convention" for the purposes of this chapter is an organized assemblage of registered voters representing a major political party candidate or candidates. As used in this chapter, the term "election jurisdiction" means the state or a political subdivision or jurisdiction of the state from which partisan officials are elected. This term includes county commissioner districts or council districts for members of a county legislative authority, counties for county officials who are nominated and elected on a county-wide basis, legislative districts for members of the legislature, congressional districts for members of Congress, and the state for members of the United States senate and state officials who are elected on a statewide basis.

NEW SECTION.  Sec. 34   A new section is added to chapter 29A.52 RCW to read as follows:
     (1) Nomination of a candidate for partisan public office by a major political party may be made only: (a) In a convention held not earlier than the last day for candidates to withdraw as provided by RCW 29A.24.130 and not later than the third Tuesday of September or the seventh Tuesday immediately before the general election, whichever occurs first; or (b) as otherwise provided in this section.
     (2) If a special filing period for a partisan office is opened under RCW 29A.24.210, candidates of major political parties may file for office during that special filing period. Nomination of a candidate for a partisan office for which a special filing period was opened may be made at a convention held not earlier than the last day of the special filing period and not later than the third Tuesday of September or the seventh Tuesday immediately before the general election, whichever occurs first. The requirements of section 35 of this act do not apply to such a convention.
     (3) A major political party may not nominate more than one candidate for any one partisan public office. Only persons registered to vote in the jurisdiction of the office for which a nomination is made may participate in the nominating process. Only candidates who have already filed valid declarations of candidacy for a particular partisan office may be nominated for that office.

NEW SECTION.  Sec. 35   A new section is added to chapter 29A.52 RCW to read as follows:
     Each major political party must publish a notice in a newspaper of general circulation within the county in which the party intends to hold a convention. The notice must appear at least ten days before the convention is to be held, and must state the date, time, and place of the convention. Additionally, it must include the mailing address of the person or organization sponsoring the convention.

NEW SECTION.  Sec. 36   A new section is added to chapter 29A.52 RCW to read as follows:
     A certificate evidencing nominations made at major political party conventions must:
     (1) Be in writing;
     (2) Contain the name of each person nominated, his or her residence, and the office for which he or she is nominated;
     (3) Identify the major political party on whose behalf the conventions were held;
     (4) Be verified by the oath of the presiding officer and secretary;
     (5) Contain proof of publication of the notice of calling the convention; and
     (6) Be submitted to the appropriate filing officer not later than one week after the adjournment of the last convention at which the nominations were made. If the nomination is for an office whose jurisdiction is entirely within one county, the certificate must be filed with the county auditor. If the nomination is for an office whose jurisdiction encompasses more than one county, the certificate must be filed with the secretary of state.

NEW SECTION.  Sec. 37   A new section is added to chapter 29A.52 RCW to read as follows:
     (1) If two or more valid certificates of nomination are filed purporting to nominate different candidates for the same position 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 for the general election. 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 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 major 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 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) 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.

Sec. 38   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)) offices to be voted upon at that primary, the names and addresses of all persons who have filed a declaration of candidacy to be voted upon at that primary, 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.

Sec. 39   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 in the primary election for nonpartisan offices, the returns of which have been canvassed by the secretary of state, along with the names of all persons nominated in party conventions for partisan offices.

Sec. 40   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. 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 already filed a declaration of candidacy for the same office, either as a regular candidate or a write-in candidate, ((at the preceding primary)) the same year. 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.

Sec. 41   RCW 29A.60.190 and 2003 c 111 s 1519 are each amended to read as follows:
     (1) On the tenth day after a special election or primary and on the fifteenth day after a general election, the county canvassing board shall complete the canvass and certify the results. Each absentee ballot that was returned before the closing of the polls on the date of the primary or election for which it was issued, and each absentee ballot with a postmark on or before the date of the primary or election for which it was issued and received on or before the date on which the primary or election is certified, must be included in the canvass report.
     (2) At the request of a caucus of the state legislature, the county auditor shall transmit copies of all unofficial returns of state and legislative ((primaries or)) elections prepared by or for the county canvassing board to either the secretary of the senate or the chief clerk of the house ((or [of])) of representatives.

Sec. 42   RCW 29A.60.220 and 2003 c 111 s 1522 are each amended to read as follows:
     (1) If the requisite number of any ((federal, state, county, city, or district offices)) officers have not been nominated 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 nominated 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.

Sec. 43   RCW 29A.60.240 and 2003 c 111 s 1524 are each amended to read as follows:
     The secretary of state shall, as soon as possible but in any event not later than the third Tuesday following the primary, canvass and certify the returns of all primary elections as to candidates ((for state offices, United States senators and representatives in Congress, and all other candidates)) whose district extends beyond the limits of a single county.

Sec. 44   RCW 29A.64.010 and 2003 c 111 s 1601 are each amended to read as follows:
     ((An officer of a political party or any)) A person for whom votes were cast in a primary who was not declared nominated 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 nomination to 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.

Sec. 45   RCW 29A.80.010 and 2003 c 111 s 2001 are each amended to read as follows:
     (1) Each political party organization may:
     (a) Make its own rules and regulations; ((and))
     (b) Nominate candidates for partisan office; and
     (c) Perform all functions inherent in such an organization.
     (2) Only major political parties may designate candidates to ((appear on the state primary ballot)) fill vacancies as provided in RCW 29A.28.010.

NEW SECTION.  Sec. 46   Sections 33 through 37 of this act constitute a new subpart of chapter 29A.52 RCW.

NEW SECTION.  Sec. 47   The following acts or parts of acts are each repealed:
     (1) RCW 29A.36.140 (Primaries -- Rotating names of candidates) and 2003 c 111 s 914;
     (2) RCW 29A.52.110 (Application of chapter) and 2003 c 111 s 1302;
     (3) RCW 29A.52.120 (General election laws govern primaries) and 2003 c 111 s 1303;
     (4) RCW 29A.52.130 (Blanket primary authorized) and 2003 c 111 s 1304; and
     (5) RCW 29A.04.903 (Effective date--2003 c 111) and 2003 c 111 s 2405.

NEW SECTION.  Sec. 48   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.