BILL REQ. #:  S-1750.1 



_____________________________________________ 

SUBSTITUTE SENATE BILL 5221
_____________________________________________
State of Washington58th Legislature2003 Regular Session

By Senate Committee on Government Operations & Elections (originally sponsored by Senators Roach, Kastama, Fairley, Stevens, Horn and Benton; by request of Secretary of State)

READ FIRST TIME 03/04/03.   



     AN ACT Relating to reorganization of statutes on elections; amending RCW 29.01.006, 29.01.008, 29.01.043, 29.01.045, 29.01.055, 29.01.090, 29.01.110, 29.01.120, 29.01.137, 29.01.140, 29.01.170, 29.01.180, 29.04.001, 29.04.010, 29.04.020, 29.57.140, 29.04.070, 29.04.060, 29.04.085, 29.04.088, 29.04.230, 29.13.070, 29.13.010, 29.13.020, 29.13.045, 29.13.048, 29.60.010, 29.60.040, 29.60.050, 29.98.020, 29.04.080, 29.19.070, 29.60.020, 29.07.005, 29.04.095, 29.08.010, 29.07.010, 29.07.110, 29.07.220, 29.10.081, 29.07.092, 29.07.152, 29.07.030, 29.07.070, 29.07.080, 29.07.090, 29.08.080, 29.07.025, 29.07.260, 29.07.270, 29.10.020, 29.10.040, 29.10.051, 29.10.090, 29.10.100, 29.10.185, 29.10.220, 29.10.230, 29.04.250, 29.07.130, 29.04.100, 29.04.110, 29.04.120, 29.04.160, 29.10.127, 29.10.150, 29.33.081, 29.33.330, 29.33.350, 29.04.200, 29.57.010, 29.57.090, 29.57.160, 29.04.040, 29.04.050, 29.48.005, 29.27.090, 29.15.025, 29.13.050, 29.04.170, 29.24.010, 29.24.040, 29.24.070, 29.15.010, 29.15.090, 29.15.030, 29.15.060, 29.15.220, 29.15.190, 29.04.180, 29.18.150, 29.18.160, 29.68.080, 29.68.100, 29.68.130, 29.04.035, 29.27.076, 29.81.310, 29.81A.010, 29.81A.020, 29.81A.040, 29.30.005, 29.30.081, 29.36.220, 29.36.250, 29.36.260, 29.36.360, 29.51.125, 29.51.185, 29.48.035, 29.51.050, 29.51.060, 29.51.100, 29.51.200, 29.54.018, 29.54.010, 29.54.015, 29.45.010, 29.45.020, 29.45.030, 29.45.050, 29.45.070, 29.45.120, 29.38.040, 29.38.060, 29.21.410, 29.27.030, 29.27.080, 29.27.100, 29.27.110, 29.19.010, 29.82.010, 29.82.021, 29.82.025, 29.82.030, 29.82.040, 29.82.080, 29.82.110, 29.82.120, 29.82.140, 29.71.010, 29.71.030, 29.71.040, 29.71.050, 29.74.010, 29.74.030, 29.74.060, 29.74.070, 29.74.100, 29.74.110, 29.74.130, 29.13.040, 29.54.075, 29.54.085, 29.62.030, 29.62.020, 29.54.025, 29.62.040, 29.62.050, 29.62.080, 29.62.090, 29.62.100, 29.62.120, 29.62.130, 29.64.010, 29.64.090, 29.65.010, 29.65.020, 29.65.040, 29.65.060, 29.65.080, 29.65.090, 29.65.100, 29.79.010, 29.79.015, 29.79.020, 29.79.030, 29.79.080, 29.79.090, 29.79.100, 29.79.110, 29.79.115, 29.79.120, 29.79.150, 29.79.160, 29.79.170, 29.79.230, 29.79.300, 29.10.060, 29.04.140, 29.42.010, 29.42.020, 29.42.030, 29.42.050, 29.42.070, 29.85.245, 29.82.210, 29.38.070, 29.79.480, 29.82.220, 29.79.440, 29.82.170, 29.79.490, 29.15.110, 29.15.100, 29.51.030, 29.85.110, 29.85.260, 29.85.240, 29.51.230, 29.51.215, 29.36.370, 29.85.100, 29.91.020, 29.91.060, and 43.07.310; reenacting RCW 29.01.005, 29.01.042, 29.01.047, 29.01.050, 29.01.060, 29.01.065, 29.01.068, 29.01.070, 29.01.080, 29.01.100, 29.01.113, 29.01.117, 29.01.119, 29.01.130, 29.01.135, 29.01.136, 29.01.155, 29.01.160, 29.01.200, 29.04.025, 29.04.091, 29.13.047, 29.60.030, 29.60.060, 29.60.070, 29.60.080, 29.60.090, 29.98.010, 29.98.030, 29.10.011, 29.08.060, 29.08.030, 29.07.160, 29.07.230, 29.07.140, 29.08.040, 29.07.430, 29.07.440, 29.10.170, 29.10.097, 29.10.110, 29.10.180, 29.10.015, 29.10.071, 29.10.075, 29.10.200, 29.10.210, 29.04.150, 29.04.240, 29.10.125, 29.10.130, 29.10.140, 29.33.020, 29.33.041, 29.33.051, 29.33.061, 29.33.130, 29.33.145, 29.33.300, 29.33.310, 29.33.320, 29.33.340, 29.33.360, 29.04.055, 29.48.007, 29.57.040, 29.57.070, 29.57.100, 29.57.050, 29.57.150, 29.24.020, 29.24.025, 29.24.030, 29.24.035, 29.24.045, 29.24.055, 29.24.060, 29.15.130, 29.15.140, 29.15.044, 29.15.020, 29.15.040, 29.15.050, 29.15.070, 29.15.125, 29.15.120, 29.15.160, 29.15.210, 29.15.170, 29.15.180, 29.15.200, 29.15.230, 29.04.190, 29.68.070, 29.81.210, 29.81.220, 29.81.230, 29.81.240, 29.81.250, 29.81.260, 29.81.280, 29.81.290, 29.81.300, 29.81A.030, 29.81A.050, 29.81A.060, 29.81A.070, 29.81A.080, 29.27.020, 29.27.057, 29.27.061, 29.27.065, 29.27.0653, 29.27.0655, 29.27.066, 29.27.0665, 29.27.067, 29.30.010, 29.30.020, 29.30.025, 29.30.040, 29.30.060, 29.30.085, 29.30.086, 29.30.095, 29.30.101, 29.30.111, 29.30.130, 29.36.210, 29.36.230, 29.36.240, 29.36.270, 29.36.280, 29.36.290, 29.36.300, 29.36.310, 29.36.320, 29.36.340, 29.36.350, 29.51.010, 29.51.180, 29.51.190, 29.54.037, 29.48.010, 29.13.080, 29.51.240, 29.48.030, 29.07.170, 29.57.130, 29.48.020, 29.48.070, 29.48.090, 29.48.100, 29.51.150, 29.51.070, 29.51.250, 29.07.180, 29.48.080, 29.48.045, 29.54.093, 29.51.115, 29.51.155, 29.45.040, 29.45.060, 29.45.065, 29.45.080, 29.45.090, 29.45.100, 29.45.110, 29.38.010, 29.38.020, 29.38.030, 29.38.050, 29.15.150, 29.18.010, 29.18.120, 29.18.200, 29.21.010, 29.21.015, 29.21.070, 29.27.050, 29.27.072, 29.27.074, 29.19.020, 29.19.030, 29.19.045, 29.19.055, 29.19.080, 29.82.015, 29.82.023, 29.82.060, 29.82.090, 29.82.100, 29.82.105, 29.82.130, 29.82.160, 29.71.020, 29.27.140, 29.74.020, 29.74.040, 29.74.050, 29.74.080, 29.74.120, 29.74.140, 29.74.150, 29.62.180, 29.54.042, 29.54.050, 29.54.060, 29.54.097, 29.54.105, 29.54.121, 29.54.170, 29.51.175, 29.27.120, 29.36.330, 29.64.015, 29.64.020, 29.64.030, 29.64.035, 29.64.040, 29.64.051, 29.64.060, 29.64.080, 29.04.030, 29.65.050, 29.65.055, 29.65.070, 29.65.120, 29.79.035, 29.79.040, 29.79.050, 29.79.060, 29.79.070, 29.79.140, 29.79.180, 29.79.190, 29.79.200, 29.79.210, 29.79.270, 29.79.280, 29.79.290, 29.70.100, 29.15.026, 29.42.040, 29.85.275, 29.07.400, 29.07.405, 29.07.410, 29.85.249, 29.15.080, 29.79.500, 29.85.040, 29.85.020, 29.51.020, 29.51.221, 29.85.010, 29.85.051, 29.85.060, 29.85.070, 29.85.090, 29.85.210, 29.85.220, 29.85.170, 29.85.225, 29.85.230, 29.91.010, 29.91.030, 29.91.040, 29.91.050, 29.13.023, and 29.13.024; adding new sections to chapter 35.22 RCW; adding a new title to the Revised Code of Washington to be codified as Title 29A RCW; creating new sections; recodifying RCW 29.01.005, 29.01.006, 29.01.008, 29.01.042, 29.01.043, 29.01.045, 29.01.047, 29.01.050, 29.01.055, 29.01.060, 29.01.065, 29.01.068, 29.01.070, 29.01.080, 29.01.090, 29.01.100, 29.01.110, 29.01.113, 29.01.117, 29.01.119, 29.01.120, 29.01.130, 29.01.135, 29.01.136, 29.01.137, 29.01.140, 29.01.155, 29.01.160, 29.01.170, 29.01.180, 29.01.200, 29.04.001, 29.04.010, 29.04.020, 29.57.140, 29.04.025, 29.04.070, 29.04.060, 29.04.085, 29.04.088, 29.04.091, 29.04.230, 29.13.070, 29.13.010, 29.13.020, 29.13.045, 29.13.047, 29.13.048, 29.60.010, 29.60.030, 29.60.040, 29.60.050, 29.60.060, 29.60.070, 29.60.080, 29.60.090, 29.98.010, 29.98.020, 29.98.030, 29.04.080, 29.19.070, 29.60.020, 29.07.005, 29.04.095, 29.10.011, 29.08.010, 29.07.010, 29.08.060, 29.07.110, 29.08.030, 29.07.220, 29.10.081, 29.07.092, 29.07.160, 29.07.152, 29.07.030, 29.07.230, 29.07.070, 29.07.140, 29.07.080, 29.07.090, 29.08.080, 29.08.040, 29.07.025, 29.07.430, 29.07.440, 29.07.260, 29.07.270, 29.10.020, 29.10.040, 29.10.170, 29.10.051, 29.10.090, 29.10.097, 29.10.100, 29.10.110, 29.10.180, 29.10.185, 29.10.015, 29.10.071, 29.10.220, 29.10.075, 29.10.200, 29.10.210, 29.10.230, 29.04.250, 29.07.130, 29.04.100, 29.04.110, 29.04.120, 29.04.150, 29.04.160, 29.04.240, 29.10.125, 29.10.127, 29.10.130, 29.10.140, 29.10.150, 29.33.020, 29.33.041, 29.33.051, 29.33.061, 29.33.081, 29.33.130, 29.33.145, 29.33.300, 29.33.310, 29.33.320, 29.33.330, 29.33.340, 29.33.350, 29.33.360, 29.04.200, 29.57.010, 29.57.090, 29.57.160, 29.04.040, 29.04.050, 29.04.055, 29.48.005, 29.48.007, 29.57.040, 29.57.070, 29.57.100, 29.57.050, 29.57.150, 29.27.090, 29.15.025, 29.13.050, 29.04.170, 29.24.010, 29.24.020, 29.24.025, 29.24.030, 29.24.035, 29.24.040, 29.24.045, 29.24.055, 29.24.060, 29.24.070, 29.15.130, 29.15.140, 29.15.010, 29.15.044, 29.15.020, 29.15.090, 29.15.030, 29.15.040, 29.15.050, 29.15.060, 29.15.070, 29.15.125, 29.15.120, 29.15.160, 29.15.210, 29.15.220, 29.15.170, 29.15.180, 29.15.190, 29.15.200, 29.15.230, 29.04.180, 29.04.190, 29.18.150, 29.18.160, 29.68.070, 29.68.080, 29.68.100, 29.68.130, 29.81.210, 29.04.035, 29.81.220, 29.81.230, 29.27.076, 29.81.240, 29.81.250, 29.81.260, 29.81.280, 29.81.290, 29.81.300, 29.81.310, 29.81A.010, 29.81A.020, 29.81A.030, 29.81A.040, 29.81A.050, 29.81A.060, 29.81A.070, 29.81A.080, 29.27.020, 29.27.057, 29.27.061, 29.27.065, 29.27.0653, 29.27.0655, 29.27.066, 29.27.0665, 29.27.067, 29.30.005, 29.30.010, 29.30.020, 29.30.025, 29.30.040, 29.30.060, 29.30.081, 29.30.085, 29.30.086, 29.30.095, 29.30.101, 29.30.111, 29.30.130, 29.36.210, 29.36.220, 29.36.230, 29.36.240, 29.36.250, 29.36.260, 29.36.270, 29.36.280, 29.36.290, 29.36.300, 29.36.310, 29.36.320, 29.36.340, 29.36.350, 29.36.360, 29.51.010, 29.51.125, 29.51.180, 29.51.190, 29.54.037, 29.48.010, 29.13.080, 29.51.240, 29.51.185, 29.48.030, 29.07.170, 29.48.035, 29.57.130, 29.48.020, 29.48.070, 29.48.090, 29.48.100, 29.51.150, 29.51.050, 29.51.060, 29.51.100, 29.51.070, 29.51.200, 29.54.018, 29.51.250, 29.54.010, 29.54.015, 29.07.180, 29.48.080, 29.48.045, 29.54.093, 29.51.115, 29.51.155, 29.45.010, 29.45.020, 29.45.030, 29.45.040, 29.45.050, 29.45.060, 29.45.065, 29.45.070, 29.45.080, 29.45.090, 29.45.100, 29.45.110, 29.45.120, 29.38.010, 29.38.020, 29.38.030, 29.38.040, 29.38.050, 29.38.060, 29.15.150, 29.18.010, 29.18.120, 29.18.200, 29.21.010, 29.21.015, 29.21.070, 29.21.410, 29.27.030, 29.27.050, 29.27.072, 29.27.074, 29.27.080, 29.27.100, 29.27.110, 29.19.010, 29.19.020, 29.19.030, 29.19.045, 29.19.055, 29.19.080, 29.82.010, 29.82.015, 29.82.021, 29.82.023, 29.82.025, 29.82.030, 29.82.040, 29.82.060, 29.82.080, 29.82.090, 29.82.100, 29.82.105, 29.82.110, 29.82.120, 29.82.130, 29.82.140, 29.82.160, 29.71.010, 29.71.020, 29.71.030, 29.71.040, 29.71.050, 29.27.140, 29.74.010, 29.74.020, 29.74.030, 29.74.040, 29.74.050, 29.74.060, 29.74.070, 29.74.080, 29.74.100, 29.74.110, 29.74.120, 29.74.130, 29.74.140, 29.74.150, 29.13.040, 29.62.180, 29.54.042, 29.54.050, 29.54.060, 29.54.097, 29.54.105, 29.54.121, 29.54.170, 29.51.175, 29.54.075, 29.54.085, 29.27.120, 29.62.030, 29.62.020, 29.54.025, 29.36.330, 29.62.040, 29.62.050, 29.62.080, 29.62.090, 29.62.100, 29.62.120, 29.62.130, 29.64.010, 29.64.015, 29.64.020, 29.64.030, 29.64.035, 29.64.040, 29.64.051, 29.64.060, 29.64.080, 29.64.090, 29.04.030, 29.65.010, 29.65.020, 29.65.040, 29.65.050, 29.65.055, 29.65.060, 29.65.070, 29.65.080, 29.65.090, 29.65.100, 29.65.120, 29.79.010, 29.79.015, 29.79.020, 29.79.030, 29.79.035, 29.79.040, 29.79.050, 29.79.060, 29.79.070, 29.79.080, 29.79.090, 29.79.100, 29.79.110, 29.79.115, 29.79.120, 29.79.140, 29.79.150, 29.79.160, 29.79.170, 29.79.180, 29.79.190, 29.79.200, 29.79.210, 29.79.230, 29.79.270, 29.79.280, 29.79.290, 29.79.300, 29.70.100, 29.15.026, 29.10.060, 29.04.140, 29.42.010, 29.42.020, 29.42.030, 29.42.040, 29.42.050, 29.42.070, 29.85.245, 29.82.210, 29.38.070, 29.85.275, 29.07.400, 29.07.405, 29.07.410, 29.85.249, 29.79.480, 29.82.220, 29.79.440, 29.82.170, 29.79.490, 29.15.080, 29.15.110, 29.79.500, 29.15.100, 29.85.040, 29.85.020, 29.51.020, 29.51.030, 29.51.221, 29.85.010, 29.85.110, 29.85.260, 29.85.051, 29.85.060, 29.85.070, 29.85.090, 29.85.210, 29.85.220, 29.85.240, 29.51.230, 29.51.215, 29.36.370, 29.85.100, 29.85.170, 29.85.225, 29.85.230, 29.91.010, 29.91.020, 29.91.030, 29.91.040, 29.91.050, 29.91.060, 29.13.023, and 29.13.024; repealing RCW 9.81.100, 29.01.010, 29.01.020, 29.01.030, 29.01.040, 29.01.087, 29.01.150, 29.04.210, 29.04.235, 29.07.100, 29.07.115, 29.07.120, 29.07.240, 29.07.280, 29.07.290, 29.07.300, 29.07.310, 29.07.320, 29.07.420, 29.07.450, 29.08.020, 29.08.050, 29.08.070, 29.08.090, 29.08.900, 29.13.021, 29.13.060, 29.15.046, 29.15.240, 29.15.800, 29.19.900, 29.36.900, 29.51.173, 29.57.170, 29.62.010, 29.62.015, 29.64.070, 29.64.900, 29.68.015, 29.68.016, 29.68.120, 29.74.090, 29.79.250, 29.81.270, 29.81.320, 29.81A.900, 29.81A.901, 29.91.900, 29.91.901, 29.98.050, and 43.01.015; prescribing penalties; providing an effective date; and providing an expiration date.

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

PART 1
GENERAL PROVISIONS
Subpart 1.1
Definitions

Sec. 101   RCW 29.01.005 and 1965 c 9 s 29.01.005 are each reenacted to read as follows:
     SCOPE OF DEFINITIONS. Words and phrases as defined in this chapter, wherever used in Title 29 RCW, shall have the meaning as in this chapter ascribed to them, unless where used the context thereof shall clearly indicate to the contrary or unless otherwise defined in the chapter of which they are a part.

Sec. 102   RCW 29.01.006 and 1994 c 57 s 2 are each amended to read as follows:
     BALLOT AND RELATED TERMS. 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) "((Special)) 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) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote.

Sec. 103   RCW 29.01.008 and 1990 c 59 s 3 are each amended to read as follows:
     CANVASSING. "Canvassing" means the process of examining ballots or groups of ballots, subtotals, and cumulative totals in order to determine the official returns of ((and prepare the certification for)) a primary or general election and includes the tabulation of any votes ((for that primary or election)) that were not tabulated at the precinct or in a counting center on the day of the primary or election.

Sec. 104   RCW 29.01.042 and 1999 c 158 s 1 are each reenacted to read as follows:
     COUNTING CENTER. "Counting center" means the facility or facilities designated by the county auditor to count and canvass mail ballots, absentee ballots, and polling place ballots that are transferred to a central site to be counted, rather than being counted by a poll-site ballot counting device, on the day of a primary or election.

Sec. 105   RCW 29.01.043 and 1984 c 106 s 1 are each amended to read as follows:
     COUNTY AUDITOR. "County auditor" ((includes)) means the county auditor in a noncharter county or the officer, irrespective of title, having the overall responsibility to maintain voter registration and to conduct state and local elections in a charter county.

Sec. 106   RCW 29.01.045 and 1987 c 346 s 3 are each amended to read as follows:
     DATE OF MAILING. For registered voters voting by absentee or ((voting by)) mail ballot, "date of mailing" means the date of the postal cancellation on the envelope in which the ballot is returned to the election official by whom it was issued. For all ((other)) nonregistered absentee voters, "date of mailing" means the date stated by the voter on the envelope in which the ballot is returned to the election official by whom it was issued.

Sec. 107   RCW 29.01.047 and 1987 c 346 s 4 are each reenacted to read as follows:
     DISABLED VOTER. "Disabled voter" means any registered voter who qualifies for special parking privileges under RCW 46.16.381, or who is defined as blind under RCW 74.18.020, or who qualifies to require assistance with voting under RCW 29.51.200.

Sec. 108   RCW 29.01.050 and 1990 c 59 s 5 are each reenacted to read as follows:
     ELECTION. "Election" when used alone means a general election except where the context indicates that a special election is included. "Election" when used without qualification does not include a primary.

Sec. 109   RCW 29.01.055 and 1986 c 167 s 1 are each amended to read as follows:
     ELECTION BOARD. "Election board" means a group of election officers serving one precinct or ((groups)) a group of precincts in a polling place.

Sec. 110   RCW 29.01.060 and 1965 c 9 s 29.01.060 are each reenacted to read as follows:
     ELECTION OFFICER. "Election officer" includes any officer who has a duty to perform relating to elections under the provisions of any statute, charter, or ordinance.

Sec. 111   RCW 29.01.065 and 1987 c 346 s 2 are each reenacted to read as follows:
     ELECTOR. "Elector" means any person who possesses all of the qualifications to vote under Article VI of the state Constitution.

Sec. 112   RCW 29.01.068 and 1990 c 59 s 77 are each reenacted to read as follows:
     FILING OFFICER. "Filing officer" means the county or state officer with whom declarations of candidacy for an office are required to be filed under this title.

Sec. 113   RCW 29.01.070 and 1965 c 9 s 29.01.070 are each reenacted to read as follows:
     GENERAL ELECTION. "General election" means an election required to be held on a fixed date recurring at regular intervals.

Sec. 114   RCW 29.01.080 and 1992 c 7 s 31 are each reenacted to read as follows:
     INFAMOUS CRIME. An "infamous crime" is a crime punishable by death in the state penitentiary or imprisonment in a state correctional facility.

Sec. 115   RCW 29.01.090 and 1977 ex.s. c 329 s 9 are each amended to read as follows:
     MAJOR POLITICAL PARTY. "Major political party" means a political party of which at least one nominee for president, vice president, United States senator, or a statewide office received at least five percent of the total vote cast at the last preceding state general election in an even-numbered year((: PROVIDED, That any)). A political party qualifying as a major political party under ((the previous subsection (2) or subsection (3) of this section prior to its 1977 amendment shall)) this section retains such status until ((after the next state general election following June 30, 1977)) the next even-year election at which a candidate of that party does not achieve at least five percent of the vote for one of the previously specified offices. If none of these offices appear on the ballot in an even-year general election, the major party retains its status as a major party through that election.

Sec. 116   RCW 29.01.100 and 1965 c 9 s 29.01.100 are each reenacted to read as follows:
     MINOR POLITICAL PARTY. "Minor political party" means a political organization other than a major political party.

Sec. 117   RCW 29.01.110 and 1965 c 9 s 29.01.110 are each amended to read as follows:
     MEASURES. "Measure" includes any proposition or question submitted to the voters ((of any specific constituency)).

Sec. 118   RCW 29.01.113 and 1987 c 346 s 5 are each reenacted to read as follows:
     OUT-OF-STATE VOTER. "Out-of-state voter" means any elector of the state of Washington outside the state but not outside the territorial limits of the United States or the District of Columbia.

Sec. 119   RCW 29.01.117 and 1987 c 346 s 6 are each reenacted to read as follows:
     OVERSEAS VOTER. "Overseas voter" means any elector of the state of Washington outside the territorial limits of the United States or the District of Columbia.

Sec. 120   RCW 29.01.119 and 1999 c 158 s 2 are each reenacted to read as follows:
     POLL-SITE BALLOT COUNTING DEVICES. "Poll-site ballot counting device" means a device programmed to accept voted ballots at a polling place for the purpose of tallying and storing the ballots on election day.

Sec. 121   RCW 29.01.120 and 1965 c 9 s 29.01.120 are each amended to read as follows:
     PRECINCT. "Precinct" means a geographical subdivision for voting purposes ((within or without the limits of a city or town, whether)) that is established by ((a board of county commissioners, by a city council, or by the board of supervisors of a township)) a county legislative authority.

Sec. 122   RCW 29.01.130 and 1965 c 9 s 29.01.130 are each reenacted to read as follows:
     PRIMARY. "Primary" or "primary election" means a statutory procedure for nominating candidates to public office at the polls.

Sec. 123   RCW 29.01.135 and 1979 ex.s. c 126 s 2 are each reenacted to read as follows:
     QUALIFIED. "Qualified" when pertaining to a winner of an election means that for such election:
     (1) The results have been certified;
     (2) A certificate has been issued;
     (3) Any required bond has been posted; and
     (4) The winner has taken and subscribed an oath or affirmation in compliance with the appropriate statute, or if none is specified, that he or she will faithfully and impartially discharge the duties of the office to the best of his or her ability. This oath or affirmation shall be administered and certified by any officer or notary public authorized to administer oaths, without charge therefor.

Sec. 124   RCW 29.01.136 and 2001 c 225 s 1 are each reenacted to read as follows:
     RECOUNT. "Recount" means the process of retabulating ballots and producing amended election returns based on that retabulation, even if the vote totals have not changed.

Sec. 125   RCW 29.01.137 and 1987 c 346 s 7 are each amended to read as follows:
     REGISTERED VOTER. "Registered voter" means any elector who ((possesses all of the statutory qualifications to vote under chapters 29.07 and 29.10 RCW)) has completed the statutory registration procedures established by this title. The terms "registered voter" and "qualified elector" are synonymous.

Sec. 126   RCW 29.01.140 and 1971 ex.s. c 178 s 1 are each amended to read as follows:
     RESIDENCE. "Residence" for the purpose of registering and voting means a person's permanent address where he or she physically resides and maintains his or her abode((: PROVIDED, That)). However, no person gains residence by reason of his or her presence or loses his or her residence by reason of his or her absence:
     (1) While employed in the civil or military service of the state or of the United States;
     (2) While engaged in the navigation of the waters of this state or the United States or the high seas;
     (3) While a student at any institution of learning;
     (4) While confined in any public prison.
     Absence from the state on business shall not affect the question of residence of any person unless the right to vote has been claimed or exercised elsewhere.

Sec. 127   RCW 29.01.155 and 1991 c 23 s 13 are each reenacted to read as follows:
     SERVICE VOTER. "Service voter" means any elector of the state of Washington who is a member of the armed forces under 42 U.S.C. Sec. 1973 ff-6 while in active service, is a student or member of the faculty at a United States military academy, is a member of the merchant marine of the United States, is a program participant as defined in RCW 40.24.020, or is a member of a religious group or welfare agency officially attached to and serving with the armed forces of the United States.

Sec. 128   RCW 29.01.160 and 1965 c 9 s 29.01.160 are each reenacted to read as follows:
     SEPTEMBER PRIMARY. "September primary" means the primary election held in September to nominate candidates to be voted for at the ensuing election.

Sec. 129   RCW 29.01.170 and 1965 c 9 s 29.01.170 are each amended to read as follows:
     SPECIAL ELECTION. "Special election" means any election that is not a general election and may be held in conjunction with a general election or primary.

Sec. 130   RCW 29.01.180 and 1975-'76 2nd ex.s. c 120 s 14 are each amended to read as follows:
     SHORT TERM. "Short term" means the brief period of time starting upon the completion of the certification of election returns and ending with the start of the full term ((on the second Tuesday of the next January immediately following the election)) and is applicable only when the office concerned is being held by an appointee to fill a vacancy ((which)). The vacancy must have occurred after the last election((,)) at which such office could have been voted upon for an unexpired term((, prior to the election for such office for the subsequent full term)). Short term elections are always held in conjunction with elections for the full term for the office.

Sec. 131   RCW 29.01.200 and 1990 c 59 s 6 are each reenacted to read as follows:
     VOTING SYSTEM, DEVICE, TALLYING SYSTEM. (1) "Voting system" means a voting device, vote tallying system, or combination of these together with ballots and other supplies or equipment used to conduct a primary or election or to canvass the votes cast in a primary or election;
     (2) "Voting device" means a piece of equipment used for the purpose of or to facilitate the marking of a ballot to be tabulated by a vote tallying system or a piece of mechanical or electronic equipment used to directly record votes and to accumulate results for a number of issues or offices from a series of voters; and
     (3) "Vote tallying system" means a piece of mechanical or electronic equipment and associated data processing software used to tabulate votes cast on ballot cards or otherwise recorded on a voting device or to prepare that system to tabulate ballot cards or count votes.

Subpart 1.2
General Provisions

Sec. 132   RCW 29.04.001 and 2001 c 41 s 1 are each amended to read as follows:
     STATE POLICY. It is the policy of the state of Washington to encourage every eligible person to register to vote and to participate fully in all elections, and to protect the integrity of the electoral process by providing equal access to the process while guarding against discrimination and fraud. The election registration laws and the voting laws of the state of Washington((, and the requirements of chapter 41, Laws of 2001,)) must be administered without discrimination based upon race, creed, color, national origin, sex, or political affiliation.

Sec. 133   RCW 29.04.010 and 1965 c 9 s 29.04.010 are each amended to read as follows:
     REGISTRATION REQUIRED FOR VOTING--EXCEPTION. Only a registered voter shall be permitted to vote:
     (1) At any election held for the purpose of electing persons to public office;
     (2) At any recall election of a public officer;
     (3) At any election held for the submission of a measure to any voting constituency;
     (4) At any primary election.
     ((The provisions of)) This section ((shall)) does not apply to ((township)) elections where being registered to vote is not a prerequisite to voting.

Sec. 134   RCW 29.04.020 and 1987 c 295 s 1 are each amended to read as follows:
     COUNTY AUDITOR AS SUPERVISOR OF CERTAIN PRIMARIES AND ELECTIONS.
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 ((ballot boxes and ballots or voting machines, poll books, or precinct lists of registered voters, and tally sheets, and deliver them)) the supplies and materials necessary for the conduct of elections to the precinct election officers ((at the polling places)); and to publish and post notices of calling such primaries and elections in the manner provided by law((: PROVIDED, That)). The notice of a general election held in an even- numbered year ((shall)) must indicate that the office of precinct committee officer will be on the ballot((; and to)). 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((: PROVIDED, That)). This section ((shall)) does not apply to general or special elections for any city, town, or district ((which)) that is not subject to RCW 29.13.010 and 29.13.020, but all such elections ((shall)) 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. 135   RCW 29.57.140 and 1999 c 298 s 18 are each amended to read as follows:
     COUNTY AUDITOR--PUBLIC NOTICE OF AVAILABILITY OF SERVICES. The county auditor shall provide public notice of the availability of registration and voting aids, assistance to elderly and ((handicapped)) disabled persons, and procedures for voting by absentee ballot calculated to reach elderly and ((handicapped)) disabled persons not later than public notice of the closing of registration for a primary or election.

Sec. 136   RCW 29.04.025 and 1983 c 294 s 2 are each reenacted to read as follows:
     HANDLING OF REPORTS FILED UNDER PUBLIC DISCLOSURE LAW. Each county auditor or county elections official shall ensure that reports filed pursuant to chapter 42.17 RCW are arranged, handled, indexed, and disclosed in a manner consistent with the rules of the public disclosure commission adopted under RCW 42.17.375.

Sec. 137   RCW 29.04.070 and 1994 c 57 s 4 are each amended to read as follows:
     SECRETARY OF STATE AS CHIEF ELECTION OFFICER. The secretary of state through the election division shall be the chief election officer for all federal, state, county, city, town, and district elections ((and it shall be his or her duty to)) that are subject to this title. The secretary of state shall keep records of ((such)) elections held ((in the state and to)) for which he or she is required by law to canvass the results, make such records available to the public upon request, and ((to)) coordinate those state election activities required by federal law.

Sec. 138   RCW 29.04.060 and 1965 c 9 s 29.04.060 are each amended to read as follows:
     PUBLICATION OF ELECTION LAWS BY SECRETARY OF STATE. ((In every year in which state and county officers are to be elected, the secretary of state shall cause the election laws of the state then in force to be published in pamphlet form and distributed through the county auditors at least twenty days prior to the primary next preceding the election in sufficient number to place a copy thereof in the hands of all officers of elections.)) The secretary of state shall ensure that each county auditor is provided with the most recent version of the election laws of the state, as contained in this title. Where amendments have been enacted after the last compilation of the election laws, he or she shall ensure that each county auditor receives a copy of those amendments before the next primary or election. The county auditor shall ensure that any statutory information necessary for the precinct election officers to perform their duties is supplied to them in a timely manner.

Sec. 139   RCW 29.04.085 and 2001 c 41 s 3 are each amended to read as follows:
     INFORMATION IN FOREIGN LANGUAGES. In order to encourage the broadest possible voting participation by all eligible citizens, the secretary of state shall produce voter registration information in the foreign languages required of state agencies. ((This information must be available no later than January 1, 2002.))

Sec. 140   RCW 29.04.088 and 2001 c 41 s 4 are each amended to read as follows:
     VOTER GUIDE. The secretary of state shall cause to be produced a "voter guide" detailing what constitutes voter fraud and discrimination under state election laws. This voter guide must be provided to every county election officer and auditor, and any other person upon request((, no later than January 1, 2002)).

Sec. 141   RCW 29.04.091 and 2001 c 41 s 5 are each reenacted to read as follows:
     TOLL-FREE MEDIA AND WEB PAGE. The secretary of state shall provide a toll-free media and web page designed to allow voter communication with the office of the secretary of state.

Sec. 142   RCW 29.04.230 and 1991 c 186 s 1 are each amended to read as follows:
     ELECTRONIC FACSIMILE DOCUMENTS--ACCEPTANCE OF. The secretary of state or a county auditor shall accept and file in his or her office electronic facsimile transmissions of the following documents:
     (1) Declarations ((and affidavits)) of candidacy;
     (2) County canvass reports;
     (3) ((Candidates')) Voters' pamphlet statements;
     (4) Arguments for and against ballot measures that will appear in a voters' pamphlet;
     (5) Requests for recounts;
     (6) Certification of candidates and measures by the secretary of state;
     (7) Direction by the secretary of state for the conduct of a mandatory recount;
     (8) Requests for absentee ballots;
     (9) Any other election related document authorized by rule adopted by the secretary of state under RCW 29.04.235.
     The acceptance by the secretary of state or the county auditor is conditional upon the document being filed in a timely manner, being legible, and otherwise satisfying the requirements of state law or rules with respect to form and content.
     If the original copy of a document must be signed and a copy of the document is filed by facsimile transmission under this section, the original copy ((shall)) must be subsequently filed with the official with whom the facsimile was filed. The original copy ((shall)) must be filed by a deadline established by the secretary by rule. The secretary may by rule require that the original of any document, a copy of which is filed by facsimile transmission under this section, also be filed by a deadline established by the secretary by rule.

Subpart 1.3
Times for Holding Elections

Sec. 143   RCW 29.13.070 and 1977 ex.s. c 361 s 29 are each amended to read as follows:
     PRIMARIES. Nominating primaries for general elections to be held in November ((shall)) must be held ((at the regular polling places in each precinct)) on the third Tuesday of the preceding September or on the seventh Tuesday immediately preceding such general election, whichever occurs first.

Sec. 144   RCW 29.13.010 and 1994 c 142 s 1 are each amended to read as follows:
     STATE AND LOCAL GENERAL ELECTIONS--STATEWIDE GENERAL ELECTION--EXCEPTIONS--SPECIAL COUNTY ELECTIONS. (1) All state, county, city, town, and district general elections for the election of federal, state, legislative, judicial, county, city, town, 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((: PROVIDED, That)). 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 29.13.020, 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 29.13.070; 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 29.19 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. 145   RCW 29.13.020 and 2002 c 43 s 2 are each amended to read as follows:
     CITY, TOWN, AND DISTRICT GENERAL AND SPECIAL ELECTIONS--
EXCEPTIONS.
(1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years.
     This section shall not apply to:
     (a) Elections for the recall of any elective public officer;
     (b) Public utility districts, conservation districts, or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;
     (c) Consolidation proposals as provided for in RCW ((28A.315.280)) 28A.315.265 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.
     (2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor at least forty-five days prior to the proposed election date, may, if the county auditor deems an emergency to exist, call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. Except as provided in subsection (3) of this section, such a special election shall be held on one of the following dates as decided by the 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 election as specified by RCW 29.13.070; or
     (f) The first Tuesday after the first Monday in November.
     (3) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29.19 RCW, the date on which a special election may be called under subsection (2) of this section during the month of that primary is the date of the presidential primary.
     (4) In addition to 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, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2)(e) and (f) of this section. Such special election shall be conducted and notice thereof given in the manner provided by law.
     (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.

Subpart 1.4
Election Costs

Sec. 146   RCW 29.13.045 and 1965 c 123 s 5 are each amended to read as follows:
     ELECTION COSTS BORNE BY CONSTITUENCIES. Every city, town, and district ((shall be)) is liable for its proportionate share of the costs when such elections are held in conjunction with other elections held under RCW 29.13.010 and 29.13.020.
     Whenever any city, town, or district ((shall)) holds any primary or election, general or special, on an isolated date, all costs of such elections ((shall)) must be borne by the city, town, or district concerned.
     The purpose of this section is to clearly establish that the county is not responsible for any costs involved in the holding of any city, town, or district election.
     In recovering such election expenses, including a reasonable pro-ration of administrative costs, the county auditor shall certify the cost to the county treasurer with a copy to the clerk or auditor of the city, town, or district concerned. Upon receipt of such certification, the county treasurer shall make the transfer from any available and appropriate city, town, or district funds to the county current expense fund or to the county election reserve fund if such a fund is established. Each city, town, or district ((shall)) must be promptly notified by the county treasurer whenever such transfer has been completed((: PROVIDED, HOWEVER, That)). However, in those districts wherein a treasurer, other than the county treasurer, has been appointed such transfer procedure ((shall)) does not apply, but the district shall promptly issue its warrant for payment of election costs.

Sec. 147   RCW 29.13.047 and 1985 c 45 s 2 are each reenacted to read as follows:
     STATE SHARE OF ELECTION COSTS. (1) Whenever state officers or measures are voted upon at a state primary or general election held in an odd-numbered year under RCW 29.13.010, 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 29.68 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 29.13.045 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. 148   RCW 29.13.048 and 1986 c 167 s 7 are each amended to read as follows:
     INTEREST ON REIMBURSEMENT OF COSTS. For any reimbursement of election costs under RCW 29.13.047, the secretary of state shall pay interest at an annual rate equal to two percentage points in excess of the discount rate on ninety-day commercial paper in effect at the federal reserve bank in San Francisco on the fifteenth day of the month immediately preceding the payment for any period of time in excess of thirty days after the receipt of a properly executed and documented voucher for such expenses and the entry of an allotment from specifically appropriated funds for this purpose ((under RCW 43.88.111)). The secretary of state shall promptly notify any county that submits an incomplete or inaccurate voucher for reimbursement under RCW 29.13.047.

Subpart 1.5
Administration of Elections

Sec. 149   RCW 29.60.010 and 1992 c 163 s 3 are each amended to read as follows:
     ELECTION ADMINISTRATION AND CERTIFICATION BOARD--GENERALLY. (1) The Washington state election administration and certification board is established and has the responsibilities and authorities prescribed by this chapter. The board is composed of the following members:
     (a) The secretary of state or the secretary's designee;
     (b) The state director of elections or the director's designee;
     (c) Four county auditors appointed by the Washington state association of county auditors or their alternates who are county auditors designated by the association to serve as such alternates, each appointee and alternate to serve at the pleasure of the association;
     (d) One member from each of the two largest political party caucuses of the house of representatives designated by and serving at the pleasure of the legislative leader of the respective caucus;
     (e) One member from each of the two largest political party caucuses of the senate designated by and serving at the pleasure of the legislative leader of the respective caucus; and
     (f) One representative from each major political party, ((as defined by RCW 29.01.090,)) designated by and serving at the pleasure of the chair of the party's state central committee.
     (2) The board shall elect a chair from among its number; however, neither the secretary of state nor the state director of elections nor their designees may serve as the chair of the board. A majority of the members appointed to the board constitutes a quorum for conducting the business of the board. Chapter 42.30 RCW, the Open Public Meetings Act, and RCW 42.32.030 regarding minutes of meetings, apply to the meetings of the board.
     (3) Members of the board shall serve without compensation. The secretary of state shall reimburse members of the board, other than those who are members of the legislature, for travel expenses in accordance with RCW 43.03.050 and 43.03.060. Members of the board who are members of the legislature shall be reimbursed as provided in chapter 44.04 RCW.

NEW SECTION.  Sec. 150   APPEALS. The board created in RCW 29.60.010 shall review appeals filed under RCW 29.60.050 or 29.60.070. A decision of the board regarding the appeal must be supported by not less than a majority of the members appointed to the board. A decision of the board regarding an appeal filed under RCW 29.60.070 concerning an election review conducted under that section is final. If a decision of the board regarding an appeal filed under RCW 29.60.050 includes a recommendation that a certificate be issued, the secretary of state, upon the recommendation of the board, shall issue the certificate.

Sec. 151   RCW 29.60.030 and 2001 c 41 s 11 are each reenacted to read as follows:
     DUTIES OF SECRETARY OF STATE. The secretary of state shall:
     (1) Establish and operate, or provide by contract, training and certification programs for state and county elections administration officials and personnel, including training on the various types of election law violations and discrimination, and training programs for political party observers which conform to the rules for such programs established under RCW 29.60.020;
     (2) Administer tests for state and county officials and personnel who have received such training and issue certificates to those who have successfully completed the training and passed such tests;
     (3) Maintain a record of those individuals who have received such training and certificates; and
     (4) Provide the staffing and support services required by the board created under RCW 29.60.010.

Sec. 152   RCW 29.60.040 and 1992 c 163 s 6 are each amended to read as follows:
     TRAINING OF ELECTION ADMINISTRATORS. A person having responsibility for the administration or conduct of elections, other than precinct election officers, shall, within eighteen months of undertaking those responsibilities ((or within eighteen months of July 1, 1993, whichever is later)), receive general training regarding the conduct of elections and specific training regarding their responsibilities and duties as prescribed by this title or by rules adopted by the secretary of state under this title. Included among those persons for whom such training is mandatory are the following:
     (1) Secretary of state elections division personnel;
     (2) County elections administrators under RCW 36.22.220;
     (3) County canvassing board members;
     (4) Persons officially designated by each major political party as elections observers; and
     (5) Any other person or group charged with election administration responsibilities if the person or group is designated by rule adopted by the secretary of state as requiring the training.
     The secretary of state shall reimburse election observers in accordance with RCW 43.03.050 and 43.03.060 for travel expenses incurred to receive training required under subsection (4) of this section.
     Neither this section nor RCW 29.60.030 may be construed as requiring an elected official to receive training or a certificate of training as a condition for seeking or holding elective office or as a condition for carrying out constitutional duties.

Sec. 153   RCW 29.60.050 and 1992 c 163 s 7 are each amended to read as follows:
     DENIAL OF CERTIFICATION--REVIEW AND APPEAL. (1) A decision of the secretary of state to deny certification under RCW 29.60.030 ((shall)) must be entered in the manner specified for orders under the Administrative Procedure Act, chapter 34.05 RCW. Such a decision ((shall)) is not ((be)) effective for a period of twenty days following the date of the decision, during which time the person denied certification may file a petition with the secretary of state requesting the secretary to reconsider the decision and to grant certification. The petitioner shall include((,)) in the petition, an explanation of the reasons why the initial decision is incorrect and certification should be granted, and may include a request for a hearing on the matter. The secretary of state shall reconsider the matter if the petition is filed in a proper and timely manner. If a hearing is requested, the secretary of state shall conduct the hearing within sixty days after the date on which the petition is filed. The secretary of state shall render a final decision on the matter within ninety days after the date on which the petition is filed.
     (2) Within twenty days after the date on which the secretary of state makes a final decision denying a petition under this section, the petitioner may appeal the denial to the board created in RCW 29.60.010. In deciding appeals, the board shall restrict its review to the record established when the matter was before the secretary of state. The board shall affirm the decision if it finds that the record supports the decision and that the decision is not inconsistent with other decisions of the secretary of state in which the same standards were applied and certification was granted. Similarly, the board shall reverse the decision and recommend to the secretary of state that certification be granted if the board finds that such support is lacking or that such inconsistency exists.
     (3) Judicial review of certification decisions ((shall)) will be as prescribed under RCW 34.05.510 through 34.05.598, but ((shall be)) is limited to the review of board decisions denying certification.

Sec. 154   RCW 29.60.060 and 1992 c 163 s 8 are each reenacted to read as follows:
     ELECTION REVIEW SECTION. An election review section is established in the elections division of the office of the secretary of state. Permanent staff of the elections division, trained and certified as required by RCW 29.60.040, shall perform the election review functions prescribed by RCW 29.60.070. The staff may also be required to assist in training, certification, and other duties as may be assigned by the secretary of state to ensure the uniform and orderly conduct of elections in this state.

Sec. 155   RCW 29.60.070 and 1997 c 284 s 1 are each reenacted to read as follows:
     REVIEW OF COUNTY ELECTION PROCEDURES. (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 29.60.020. 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 29.60.010.

Sec. 156   RCW 29.60.080 and 1992 c 163 s 10 are each reenacted to read as follows:
     POWERS AND DUTIES OF COUNTY AUDITOR AND REVIEW STAFF. The county auditor may designate any person who has been certified under this chapter, other than the auditor, to participate in a review conducted in the county under this chapter. Each county auditor and canvassing board shall cooperate fully during an election review by making available to the reviewing staff any material requested by the staff. The reviewing staff shall have full access to ballot pages, absentee voting materials, any other election material normally kept in a secure environment after the election, and other requested material. If ballots are reviewed by the staff, they shall be reviewed in the presence of the canvassing board or its designees. Ballots shall not leave the custody of the canvassing board. During the review and after its completion, the review staff may make appropriate recommendations to the county auditor or canvassing board, or both, to bring the county into compliance with the training required under this chapter, and the laws or rules of the state of Washington, to safeguard election material or to preserve the integrity of the elections process.

Sec. 157   RCW 29.60.090 and 1992 c 163 s 11 are each reenacted to read as follows:
     ELECTION ASSISTANCE AND CLEARINGHOUSE PROGRAM. The secretary of state shall establish within the elections division an election assistance and clearinghouse program, which shall provide regular communication between the secretary of state, local election officials, and major and minor political parties regarding newly enacted elections legislation, relevant judicial decisions affecting the administration of elections, and applicable attorney general opinions, and which shall respond to inquiries from elections administrators, political parties, and others regarding election information. This section does not empower the secretary of state to offer legal advice or opinions, but the secretary may discuss the construction or interpretation of election law, case law, or legal opinions from the attorney general or other competent legal authority.

Subpart 1.6
Construction

Sec. 158   RCW 29.98.010 and 1965 c 9 s 29.98.010 are each reenacted to read as follows:
     CONTINUATION OF EXISTING LAW. The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.

Sec. 159   RCW 29.98.020 and 1965 c 9 s 29.98.020 are each amended to read as follows:
     CAPTIONS NOT PART OF LAW. ((Title headings,)) Chapter headings, part, subpart, and section or subsection ((headings)) captions, as used in this title do not constitute any part of the law.

Sec. 160   RCW 29.98.030 and 1965 c 9 s 29.98.030 are each reenacted to read as follows:
     INVALIDITY OF PART OF TITLE NOT TO AFFECT REMAINDER. If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected.

Subpart 1.7
Rule-making Authority

Sec. 161   RCW 29.04.080 and 1971 ex.s. c 202 s 2 are each amended to read as follows:
     RULES BY SECRETARY OF STATE. The secretary of state as chief election officer shall make reasonable rules ((and regulations)) in accordance with chapter 34.05 RCW not inconsistent with the federal((,)) and state((, county, city, town, and district)) election laws to effectuate any provision of this title and to facilitate the execution of ((their)) its provisions in an orderly, timely, and uniform manner ((and)) relating to any federal, state, county, city, town, and district elections. To that end the secretary shall assist local election officers by devising uniform forms and procedures. ((He shall provide uniform regulations governing the maintenance of voter registration records on electronic or automatic data processing systems so that the records of counties using such systems shall be compatible. He shall supervise the development and use of such systems to insure that they conform to all the provisions of Title 29 RCW and the regulations provided for in this section.))
     In addition to the rule-making authority granted otherwise by this section, the secretary of state shall make rules governing the following provisions:
     (1) The maintenance of voter registration records;
     (2) The preparation, maintenance, distribution, review, and filing of precinct maps;
     (3) Standards for the design, layout, and production of ballots;
     (4) The examination and testing of voting systems for certification;
     (5) The source and scope of independent evaluations of voting systems that may be relied upon in certifying voting systems for use in this state;
     (6) Standards and procedures for the acceptance testing of voting systems by counties;
     (7) Standards and procedures for testing the programming of vote tallying software for specific primaries and elections;
     (8) Standards and procedures for the preparation and use of each type of certified voting system including procedures for the operation of counting centers where vote tallying systems are used;
     (9) Standards and procedures to ensure the accurate tabulation and canvassing of ballots;
     (10) Consistency among the counties of the state in the preparation of ballots, the operation of vote tallying systems, and the canvassing of primaries and elections;
     (11) Procedures to ensure the secrecy of a voter's ballot when a small number of ballots are counted at the polls or at a counting center;
     (12) The use of substitute devices or means of voting when a voting device at the polling place is found to be defective, the counting of votes cast on the defective device, the counting of votes cast on the substitute device, and the documentation that must be submitted to the county auditor regarding such circumstances;
     (13) Procedures for the transportation of sealed containers of voted ballots or sealed voting devices;
     (14) The acceptance and filing of documents via electronic facsimile;
     (15) Voter registration applications and records;
     (16) The use of voter registration information in the conduct of elections;
     (17) The coordination, delivery, and processing of voter registration records accepted by driver licensing agents or the department of licensing;
     (18) The coordination, delivery, and processing of voter registration records accepted by agencies designated by the governor to provide voter registration services;
     (19) Procedures to receive and distribute voter registration applications by mail;
     (20) Procedures for a voter to change his or her voter registration address within a county by telephone;
     (21) Procedures for a voter to change the name under which he or she is registered to vote;
     (22) Procedures for canceling dual voter registration records and for maintaining records of persons whose voter registrations have been canceled;
     (23) Procedures for the electronic transfer of voter registration records between county auditors and the office of the secretary of state;
     (24) Procedures and forms for declarations of candidacy;
     (25) Procedures and requirements for the acceptance and filing of declarations of candidacy by electronic means;
     (26) Procedures for the circumstance in which two or more candidates have a name similar in sound or spelling so as to cause confusion for the voter;
     (27) Filing for office;
     (28) The order of positions and offices on a ballot;
     (29) Sample ballots;
     (30) Independent evaluations of voting systems;
     (31) The testing, approval, and certification of voting systems;
     (32) The testing of vote tallying software programming;
     (33) Standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of absentee ballots and mail ballots;
     (34) Standards and procedures to guarantee the secrecy of absentee ballots and mail ballots;
     (35) Uniformity among the counties of the state in the conduct of absentee voting and mail ballot elections;
     (36) Standards and procedures to accommodate out-of-state voters, overseas voters, and service voters;
     (37) The tabulation of paper ballots before the close of the polls;
     (38) The accessibility of polling places and registration facilities that are accessible to elderly and disabled persons;
     (39) The aggregation of precinct results if reporting the results of a single precinct could jeopardize the secrecy of a person's ballot;
     (40) Procedures for conducting a statutory recount;
     (41) Procedures for filling vacancies in congressional offices if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and related procedures cannot be met;
     (42) Procedures for the statistical sampling of signatures for purposes of verifying and canvassing signatures on initiative, referendum, and recall election petitions;
     (43) Standards and deadlines for submitting material to the office of the secretary of state for the voters' pamphlet;
     (44) Deadlines for the filing of ballot titles for referendum bills and constitutional amendments if none have been provided by the legislature;
     (45) Procedures for the publication of a state voters' pamphlet; and
     (46) Procedures for conducting special elections regarding nuclear waste sites if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and related procedures cannot be met.

Sec. 162   RCW 29.19.070 and 1995 1st sp.s. c 20 s 4 are each amended to read as follows:
     PRESIDENTIAL PRIMARY RULES. The secretary of state as chief election officer may make rules in accordance with chapter 34.05 RCW to facilitate the operation, accomplishment, and purpose of ((this chapter)) the presidential primary authorized in RCW 29.19.010 through 29.19.080 (as recodified by this act). The secretary of state shall adopt rules consistent with this chapter to comply with national or state political party rules.

Sec. 163   RCW 29.60.020 and 1992 c 163 s 4 are each amended to read as follows:
     POWERS AND DUTIES OF BOARD. (1) The secretary of state and the board created in RCW 29.60.010 shall jointly adopt rules, in the manner specified for the adoption of rules under the Administrative Procedure Act, chapter 34.05 RCW, governing:
     (a) The training of persons officially designated by major political parties as elections observers under this title, and the training and certification of election administration officials and personnel;
     (b) The policies and procedures for conducting election reviews under RCW 29.60.070; and
     (c) The policies and standards to be used by the board in reviewing and rendering decisions regarding appeals filed under RCW 29.60.070.
     ((The initial policies and standards adopted under (c) of this subsection shall be adopted concurrently with adoption of the initial policies and procedures adopted under (b) of this subsection.
     (2) The board created in RCW 29.60.010 shall review appeals filed under RCW 29.60.050 or 29.60.070. A decision of the board regarding such an appeal shall be supported by not less than a majority of the members appointed to the board. A decision of the board regarding an appeal filed under RCW 29.60.070 concerning an election review conducted under that section is final. If a decision of the board regarding an appeal filed under RCW 29.60.050 includes a recommendation that a certificate be issued, the certificate shall be issued by the secretary of state as recommended by the board.
     (3)
)) (2) The board created in RCW 29.60.010 may adopt rules governing its procedures.

PART 2
VOTERS AND REGISTRATION
Subpart 2.1
Definitions

Sec. 201   RCW 29.07.005 and 1994 c 57 s 9 are each amended to read as follows:
     DEFINITION. As used in this chapter: "Information required for voter registration" means the minimum information provided on a voter registration application that is required by the county auditor in order to place a voter registration applicant on the voter registration rolls. This information includes the applicant's name, complete residence address, date of birth, and a signature attesting to the truth of the information provided on the application. All other information supplied is ancillary and not to be used as grounds for not registering an applicant to vote.

Sec. 202   RCW 29.04.095 and 1973 1st ex.s. c 111 s 1 are each amended to read as follows:
     DEFINITIONS. For purposes of ((RCW 29.04.100 through 29.04.120)) this chapter, the following words ((shall)) have the following meanings:
     (1) (("County auditor" means the county auditor in any noncharter county and in a charter county that county official having the overall responsibility to maintain voter registration information.
     (2)
)) "Person" means an individual, partnership, joint venture, public or private corporation, association, 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.
     (((3))) (2) "Political purpose" means a purpose concerned with the support of or opposition to any candidate for any partisan or nonpartisan office or concerned with the support of or opposition to any ballot proposition or issue; "political purpose" includes, but is not limited to, such activities as the advertising for or against any candidate or ballot measure or the solicitation of financial support.

Sec. 203   RCW 29.10.011 and 1994 c 57 s 33 are each reenacted to read as follows:
     DEFINITIONS. The definitions set forth in this section apply throughout this chapter, unless the context clearly requires otherwise.
     (1) "Verification notice" means a notice sent by the county auditor to a voter registration applicant and is used to verify or collect information about the applicant in order to complete the registration.
     (2) "Acknowledgement notice" means a notice sent by nonforwardable mail by the county auditor to a registered voter to acknowledge a voter registration transaction, which can include initial registration, transfer, or reactivation of an inactive registration. An acknowledgement notice may be a voter registration card.
     (3) "Confirmation notice" means a notice sent to a registered voter by first class forwardable mail at the address indicated on the voter's permanent registration record and to any other address at which the county auditor could reasonably expect mail to be received by the voter in order to confirm the voter's residence address. The confirmation notice must be designed so that the voter may update his or her current residence address.

Sec. 204   RCW 29.08.010 and 1994 c 57 s 30 are each amended to read as follows:
     DEFINITIONS. The definitions set forth in this section apply throughout this chapter, unless the context clearly requires otherwise.
     (1) "By mail" means delivery of a completed original voter registration application by mail or by personal delivery. ((The secretary of state, in consultation with the county auditors, may adopt rules to develop a process to receive and distribute these applications.))
     (2) For voter registration applicants, "date of mailing" means the date of the postal cancellation on the voter registration application. This date will also be used as the date of application for the purpose of meeting the registration cutoff deadline. If the postal cancellation date is illegible then the date of receipt by the elections official is considered the date of application. If an application is received by the elections official by the close of business on the fifth day after the cutoff date for voter registration and the postal cancellation date is illegible, the application will be considered to have arrived by the cutoff date for voter registration.

Subpart 2.2
General Provisions

Sec. 205   RCW 29.07.010 and 1999 c 298 s 4 are each amended to read as follows:
     COUNTY AUDITOR AS CHIEF REGISTRAR OF VOTERS, CUSTODIAN OF RECORDS--REGISTRATION ASSISTANTS. (1) In all counties, the county auditor shall be the chief registrar of voters for every precinct within the county. The auditor may appoint ((a registration assistant for each precinct or group of precincts and shall appoint city or town clerks as)) registration assistants to assist in registering persons residing in ((cities, towns, and rural precincts within)) the county.
     (((2) In addition, the auditor may appoint a registration assistant for each common school. The auditor may appoint a registration assistant for each fire station.
     (3) A registration assistant must be a registered voter. Except for city and town clerks,
)) Each registration assistant holds office at the pleasure of the county auditor and must be a registered voter.
     (((4))) (2) The county auditor shall be the custodian of the official registration records of ((that)) the county. The county auditor shall ensure that mail-in voter registration application forms are readily available to the public at locations to include but not limited to the elections office, and all common schools, fire stations, and public libraries.

Sec. 206   RCW 29.08.060 and 1994 c 57 s 32 are each reenacted to read as follows:
     AUDITOR'S PROCEDURE. (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.
     (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 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 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.

Sec. 207   RCW 29.07.110 and 1971 ex.s. c 202 s 15 are each amended to read as follows:
     TRANSMITTAL OF REGISTRATION FORMS. Every ((deputy registrar located outside the county courthouse)) registration assistant shall keep registration supplies at his or her usual place of residence or usual place of business ((at reasonable hours and at the end of each week mail to the county auditor the cards of those who have registered during the week: PROVIDED, That with the written consent of the county auditor a deputy registrar may designate some centrally located place for registration in lieu of the usual place where registration supplies are kept by giving notice thereof in such manner as he may deem expedient stating therein the days and hours when the place will be open for registration: PROVIDED FURTHER, That such consent of the county auditor may include authorization for door-to-door registration including registration from a portable office as in a trailer and the person or persons so deputized may register all eligible electors residing in any precinct within the county concerned)). A person or organization collecting voter registration application forms must transmit the forms to the secretary of state or a designee at least once weekly.

Sec. 208   RCW 29.08.030 and 1993 c 434 s 3 are each reenacted to read as follows:
     REGISTRATION BY MAIL. Any elector of this state may register to vote by mail under this chapter.

Sec. 209   RCW 29.07.220 and 1993 c 408 s 11 are each amended to read as follows:
     COMPUTER FILE OF VOTER REGISTRATION RECORDS -- ESTABLISHMENT -- DUTIES OF COUNTY AUDITOR. Each county auditor shall maintain a computer file ((on magnetic tape or disk, punched cards, or other form of data storage)) containing the records of all registered voters within the county. ((Where it is necessary or advisable,)) 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((, as it now exists or is hereafter amended)). The computer file ((shall)) must include, but not be limited to, each voter's last name, first name, middle initial, date of birth, residence address, ((sex)) gender, 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((: PROVIDED, That)). If the voter has not voted at least five times since establishing his or her current registration record, only the available dates ((shall)) will be included.

Sec. 210   RCW 29.10.081 and 1994 c 57 s 40 are each amended to read as follows:
     COUNT OF REGISTERED VOTERS. (1) Except as otherwise specified by this title, registered voters include those assigned to active and inactive status by the county auditor.
     (2) Election officials shall not include inactive voters in the count of registered voters for the purpose of dividing precincts, creating vote-by-mail precincts, determining voter turnout, or other purposes in law for which the determining factor is the number of registered voters. Election officials shall not include persons who are ongoing absentee voters under RCW ((29.36.013)) 29.36.240 (as recodified by this act) in determining the maximum permissible size of vote-by-mail precincts or in determining the maximum permissible size of precincts. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29.62.090.

Sec. 211   RCW 29.07.092 and 2001 c 41 s 6 are each amended to read as follows:
     NEW REGISTRATION OR TRANSFER -- ACKNOWLEDGMENT--CANCELLATION OF PREVIOUS REGISTRATION. The county auditor shall acknowledge each new voter registration or transfer by providing or sending the voter a card identifying his or her current precinct 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. 212   RCW 29.07.160 and 1993 c 383 s 2 are each reenacted to read as follows:
     CLOSING REGISTRATION FILES -- NOTICE. The registration files of all precincts shall be closed against original registration or transfers 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 29.07.152 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 29.07.152.

Sec. 213   RCW 29.07.152 and 1993 c 383 s 1 are each amended to read as follows:
     LATE REGISTRATION -- SPECIAL PROCEDURE. This section establishes a special procedure which an elector may use to register to vote during the period beginning after the closing of registration for voting at the polls under RCW 29.07.160 and ending on the fifteenth day before a primary, special election, or general election. ((During this period, the unregistered)) A qualified elector in the county may register to vote 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 ((voter registrar)) registration assistant shall register that individual in the manner provided in this chapter. 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. 214   RCW 29.07.030 and 1965 c 9 s 29.07.030 are each amended to read as follows:
     EXPENSE OF REGISTRATION. The expense of registration in all rural precincts ((shall)) must be paid by the county((;)). The expense of registration in all precincts lying wholly within a city or town must be paid by the city or town. ((In precincts lying partly within and partly outside of a city or town, the expense of registration shall be apportioned between the county and city or town according to the number of voters registered in the precinct living within the city or town and the number living outside of it.)) Registration expenses for this section include both active and inactive voters.

Sec. 215   RCW 29.07.230 and 1980 c 32 s 6 are each reenacted to read as follows:
     PAYMENT TO COUNTIES FOR MAINTENANCE OF VOTER REGISTRATION RECORDS ON ELECTRONIC DATA PROCESSING SYSTEMS. To compensate counties with fewer than ten thousand registered voters at the time of the most recent state general election for unrecoverable costs incident to the maintenance of voter registration records on electronic data processing systems, the secretary of state shall, in June of each year, pay such counties an amount equal to thirty cents for each registered voter in the county at the time of the most recent state general election.

Subpart 2.3
Forms

Sec. 216   RCW 29.07.070 and 1994 c 57 s 11 are each amended to read as follows:
     VOTER QUALIFICATION INFORMATION -- VERIFICATION NOTICE. ((Except as provided under RCW 29.07.260,)) 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; ((and))
     (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.
     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."

Sec. 217   RCW 29.07.140 and 1994 c 57 s 18 are each reenacted to read as follows:
     APPLICATION FORM -- SINGLE COMPLETION -- FURNISHED BY SECRETARY OF STATE. (1) The secretary of state shall specify by rule the format of all voter registration applications. These applications shall be compatible with existing voter registration records. An applicant for voter registration shall be required to complete only one application and to provide the required information other than his or her signature no more than one time. These applications shall also contain information for the voter to transfer his or her registration.
     Any application format specified by the secretary for use in registering to vote in state and local elections shall satisfy the requirements of the National Voter Registration Act of 1993 (P.L. 103-31) for registering to vote in federal elections.
     (2) The secretary of state shall adopt by rule a uniform data format for transferring voter registration records on machine-readable media.
     (3) All registration applications required under RCW 29.07.070 and 29.07.260 shall be produced and furnished by the secretary of state to the county auditors and the department of licensing.
     (4) The secretary of state shall produce and distribute any instructional material and other supplies needed to implement RCW 29.07.260 through 29.07.300 and 46.20.155.
     (5) Any notice or statement that must be provided under the National Voter Registration Act of 1993 (P.L. 103-31) to prospective registrants concerning registering to vote in federal elections shall also be provided to prospective registrants concerning registering to vote under this title in state and local elections as well as federal elections.

Sec. 218   RCW 29.07.080 and 1994 c 57 s 12 are each amended to read as follows:
     OATH OF APPLICANT. For all voter registrations ((executed under RCW 29.07.070)), the registrant shall sign the following oath:

     "I declare that the facts on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of a felony, I will have lived in Washington at this address for thirty days immediately before the next election at which I vote, and I will be at least eighteen years old when I vote."

Sec. 219   RCW 29.07.090 and 1994 c 57 s 13 are each amended to read as follows:
     SIGNATURE CARD. At the time of registering, a voter shall sign his or her name upon a signature card to be transmitted to the secretary of state. The voter shall also provide his or her first name followed by the last name or names and the name of the county in which he or she is registered. Once each week the county auditor shall transmit all such cards to the secretary of state. The secretary of state may exempt a county auditor who is providing electronic voter registration and electronic voter signature information to the secretary of state from the requirements of this section.

Sec. 220   RCW 29.08.080 and 2001 c 41 s 8 are each amended to read as follows:
     FORMS -- SUPPLIED WITHOUT COST--CITIZENSHIP. The secretary of state shall furnish registration forms necessary to carry out the registration of voters as provided by this chapter without cost to the respective counties. All voter registration forms ((printed after January 1, 2002,)) must include clear and conspicuous language, designed to draw an applicant's attention, stating that the applicant must be a United States citizen in order to register to vote.

Sec. 221   RCW 29.08.040 and 1993 c 434 s 4 are each reenacted to read as follows:
     FORMS. The county auditor shall distribute forms by which a person may register to vote by mail and cancel any previous registration in this state. The county auditor shall keep a supply of voter registration forms in his or her office at all times for political parties and others interested in assisting in voter registration, and shall make every effort to make these forms generally available to the public. The county auditor shall provide voter registration forms to city and town clerks, state offices, schools, fire stations, and any other locations considered appropriate by the auditor for extending registration opportunities to all areas of the county. After the initial distribution of voter registration forms to a given location, a representative designated by the official in charge of that location shall notify the county auditor of the need for additional voter registration supplies.

Subpart 2.4
Motor Voter and Registration at State Agencies

Sec. 222   RCW 29.07.025 and 2002 c 185 s 3 are each amended to read as follows:
     VOTER REGISTRATION IN STATE OFFICES, COLLEGES. (1) The governor, in consultation with the secretary of state, shall designate agencies to provide voter registration services in compliance with federal statutes.
     (2)
Each state agency designated ((under RCW 29.07.420)) shall provide voter registration services for employees and the public within each office of that agency.
     (((2))) (3) The secretary of state shall design and provide a standard notice informing the public of the availability of voter registration, which notice shall be posted in each state agency where such services are available.
     (((3))) (4) The secretary of state shall design and provide standard voter registration forms for use by these state agencies.
     (((4))) (5) Each institution of higher education shall put in place an active prompt on its course registration web site, or similar web site that students actively and regularly use, that, if selected, will link the student to the secretary of state's voter registration web site. The prompt must ask the student if he or she wishes to register to vote.

Sec. 223   RCW 29.07.430 and 1994 c 57 s 27 are each reenacted to read as follows:
     REGISTRATION OR TRANSFER AT DESIGNATED AGENCIES -- FORM AND APPLICATION. (1) A person may register to vote or transfer a voter registration when he or she applies for service or assistance and with each renewal, recertification, or change of address at agencies designated under RCW 29.07.420.
     (2) A prospective applicant shall initially be offered a form adopted by the secretary of state that is designed to determine whether the person wishes to register to vote. The form must comply with all applicable state and federal statutes regarding content.
     The form shall also contain a box that may be checked by the applicant to indicate that he or she declines to register.
     If the person indicates an interest in registering or has made no indication as to a desire to register or not register to vote, the person shall be given a mail-in voter registration application or a prescribed agency application as provided by RCW 29.07.440.

Sec. 224   RCW 29.07.440 and 2001 c 41 s 7 are each reenacted to read as follows:
     REGISTRATION AT DESIGNATED AGENCIES -- PROCEDURES. (1) The secretary of state shall prescribe the method of voter registration for each designated agency. The agency shall use either the state voter registration by mail form with a separate declination form for the applicant to indicate that he or she declines to register at this time, or the agency may use a separate form approved for use by the secretary of state.
     (2) The person providing service at the agency shall offer voter registration services to every client whenever he or she applies for service or assistance and with each renewal, recertification, or change of address. The person providing service shall give the applicant the same level of assistance with the voter registration application as is offered to fill out the agency's forms and documents, including information about age and citizenship requirements for voter registration.
     (3) If an agency uses a computerized application process, it may, in consultation with the secretary of state, develop methods to capture simultaneously the information required for voter registration during a person's computerized application process.
     (4) Each designated agency shall provide for the voter registration application forms to be collected from each agency office at least once each week. The agency shall then forward the application forms to the secretary of state each week. The secretary of state shall forward the forms to the county in which the applicant has registered to vote no later than ten days after the date on which the forms were received by the secretary of state.

Sec. 225   RCW 29.07.260 and 2001 c 41 s 16 are each amended to read as follows:
     REGISTRATION WITH DRIVER'S LICENSE APPLICATION OR RENEWAL. (1) A person may register to vote, transfer a voter registration, or change his or her name for voter registration purposes 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 name for voter registration purposes under this section, the applicant shall provide the ((following:
     (a) His or her full name;
     (b) Whether the address in the driver's license file is the same as his or her residence for voting purposes;
     (c) The address of the residence for voting purposes if it is different from the address in the driver's license file;
     (d) His or her mailing address if it is not the same as the address in (c) of this subsection;
     (e) Additional information on the geographic location of that voting residence if it is only identified by route or box;
     (f) The last address at which he or she was registered to vote in this state;
     (g) A declaration that he or she is a citizen of the United States; and
     (h) Any other information, other than an applicant's social security number, that the secretary of state determines is necessary to establish the identity of the applicant and to prevent duplicate or fraudulent voter registrations
)) information required by RCW 29.07.070 (as recodified by this act).
     (3) ((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."

     (4) The applicant shall sign a portion of the form that can be used as an initiative signature card for the verification of petition signatures by the secretary of state and shall sign and attest to the following oath:

     "I declare that the facts on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of a felony, I will have lived in Washington at this address for thirty days before the next election at which I vote, and I will be at least eighteen years old when I vote."

     (5)
)) The driver licensing agent shall record that the applicant has requested to register to vote or transfer a voter registration.

Sec. 226   RCW 29.07.270 and 1994 c 57 s 22 are each amended to read as follows:
     DUTIES OF SECRETARY OF STATE, DEPARTMENT OF LICENSING, COUNTY AUDITORS -- ADDRESS CHANGES. (1) The secretary of state shall provide for the voter registration forms submitted under RCW 29.07.260 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, ((and sex)) gender of the applicant ((and)), the driver's license number, 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 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, and sex of the applicant, the applicant's driver's license number, 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.
     (4) 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
)) 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
.

NEW SECTION.  Sec. 227   ADDRESS CHANGES AT THE DEPARTMENT OF LICENSING. (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 of the applicant, the applicant's driver's license number, 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.

Subpart 2.5
Transfers and Name Changes

Sec. 228   RCW 29.10.020 and 1994 c 57 s 35 are each amended to read as follows:
     ADDRESS CHANGE WITHIN COUNTY -- TRANSFER BY TELEPHONE. To maintain a valid voter registration, a registered voter who changes his or her residence from one address to another within the same county shall transfer his or her registration to the new address in one of the following ways: (1) Sending to the county auditor a signed request stating the voter's present address and the address from which the voter was last registered; (2) appearing in person before the auditor and signing such a request; (3) transferring the registration in the manner provided by RCW 29.10.170; 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.
     ((The secretary of state may adopt rules facilitating the transfer of a registration by telephone authorized by this section.))

Sec. 229   RCW 29.10.040 and 1999 c 100 s 3 are each amended to read as follows:
     REREGISTRATION ON TRANSFER TO ANOTHER COUNTY. A registered voter who changes his or her residence from one county to another county, shall be required to register anew. The voter shall sign an authorization to cancel his or her ((present)) current registration. An authorization to cancel a voter's registration must be forwarded promptly to the county auditor of the county in which the voter was previously registered. The county auditor of the county where the previous registration was made shall cancel the registration of the voter if it appears that the signatures in the registration record and on the cancellation authorization form were made by the same person.

Sec. 230   RCW 29.10.170 and 1991 c 81 s 28 are each reenacted to read as follows:
     TRANSFER ON ELECTION DAY. (1) A person who is registered to vote in this state may transfer his or her voter registration on the day of a special 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.

Sec. 231   RCW 29.10.051 and 1994 c 57 s 37 are each amended to read as follows:
     VOTER NAME CHANGE. To maintain a valid voter registration, a person who changes his or her name shall notify the county auditor regarding the name change in one of the following ways: (1) By sending the auditor a notice clearly identifying the name under which he or she is registered to vote, the voter's new name, and the voter's residence. Such a notice must be signed by the voter using both this former name and the voter's new name; (2) by appearing in person before the auditor or a registration assistant and signing such a change-of-name notice; (3) by signing such a change-of-name notice at the voter's precinct polling place on the day of a primary or special or general election; (4) by properly executing a name change on a mail-in registration application or a prescribed state agency application.
     A properly registered voter who files a change-of-name notice at the voter's precinct polling place during a primary or election and who desires to vote at that primary or election shall sign the poll book using the voter's former and new names in the same manner as is required for the change-of-name notice.
     ((The secretary of state may adopt rules facilitating the implementation of this section.))

Subpart 2.6
Cancellations

Sec. 232   RCW 29.10.090 and 1999 c 100 s 1 are each amended to read as follows:
     CANCELLATION FOR DEATH. In addition to case-by-case maintenance under RCW 29.10.071 and 29.10.075 and the general program of maintenance of voter registration lists under RCW 29.10.180, deceased voters will be canceled from voter registration lists as follows:
     (1) Every month, the registrar of vital statistics of the state shall prepare a separate list of persons who resided in each county, for whom a death certificate was transmitted to the registrar and was not included on a previous list, and shall supply the appropriate list to each county auditor.
     A county auditor shall compare this list with the registration records and cancel the registrations of deceased voters within at least forty-five days before the next primary or election held in the county after the auditor receives the list.
     (2) In addition, the county auditor may also use newspaper obituary articles as a source of information in order to cancel a voter's registration. The auditor must verify the identity of the voter by matching the voter's date of birth or an address. The auditor shall record the date and source of the obituary in the cancellation records.
     (3) In addition, any registered voter may sign a statement, subject to the penalties of perjury, to the effect that to his or her personal knowledge or belief another registered voter is deceased. This statement may be filed with the county auditor. Upon the receipt of such signed statement, the county auditor shall cancel the registration records concerned and so notify the secretary of state. ((Upon receipt of such notice, the secretary of state shall in turn cancel his or her copy of said registration record.
     The secretary of state as chief elections officer shall cause such form to be designed to carry out the provisions of this section. The county auditors shall have such forms available for public use. Further, each such public officer having jurisdiction of an election shall make available a reasonable supply of such forms for the use of the precinct election officers at each polling place on the day of an election.
))

Sec. 233   RCW 29.10.097 and 1994 c 57 s 42 are each reenacted to read as follows:
     CANCELLATION FOR CONVICTION OF FELONY. Upon receiving official notice of a person's conviction of a felony in either state or federal court, if the convicted person is a registered voter in the county, the county auditor shall cancel the defendant's voter registration.

Sec. 234   RCW 29.10.100 and 1999 c 298 s 8 are each amended to read as follows:
     WEEKLY REPORT OF CANCELLATIONS AND NAME CHANGES. Once each week after the cancellation of the registration of any voter or the change of name of a voter, each county auditor shall certify all cancellations or name changes to the secretary of state. The certificate shall set forth the name of each voter whose registration has been canceled or whose name was changed, and the county, city or town, and precinct in which the voter was registered. A county may be exempted from this requirement by entering into an interlocal agreement with the secretary of state.

Sec. 235   RCW 29.10.110 and 1991 c 81 s 26 are each reenacted to read as follows:
     RECORD OF CANCELLATIONS. Every county auditor shall carefully preserve in a separate file or list the registration records of persons whose voter registrations have been canceled as authorized under this title. The files or lists shall be kept in the manner prescribed by rule by the secretary of state. Information from such canceled registration records is available for public inspection and copying to the same extent established by RCW 29.07.130 for other voter registration information.
     The county auditor may destroy the voter registration information and records of any person whose voter registration has been canceled for a period of two years or more.

Subpart 2.7
List Maintenance

Sec. 236   RCW 29.10.180 and 1999 c 100 s 2 are each reenacted to read as follows:
     GENERAL PROGRAM. In addition to the case-by-case maintenance required under RCW 29.10.071 and 29.10.075 and the canceling of registrations under RCW 29.10.090, 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. 237   RCW 29.10.185 and 2001 c 41 s 10 are each amended to read as follows:
     DUAL REGISTRATION OR VOTING DETECTION. In addition to the case-by-case cancellation procedure required in RCW 29.10.040, the county auditor, in conjunction with the office of the secretary of state, shall participate in an annual list maintenance program designed to detect persons registered in more than one county or voting in more than one county in an election. This program must be applied uniformly throughout the county and must be nondiscriminatory in its application. The program must be completed not later than thirty days before the date of a primary or general election.
     The office of the secretary of state shall cause to be created a list of registered voters with the same date of birth and similar names who appear on two or more county lists of registered voters. The office of the secretary of state shall forward this list to each county auditor so that they may properly cancel the previous registration of voters who have subsequently registered in a different county. The county auditor of the county where the previous registration was made shall cancel the registration of the voter if it appears that the signatures in the registration and the signature provided to the new county on the voter's new registration were made by the same person. ((The office of the secretary of state shall adopt rules to facilitate this process.))
     If a voter is suspected of voting in two or more counties in an election, the county auditors in each county shall cooperate without delay to determine the voter's county of residence. The county auditor of the county of residence of the voter suspected of voting in two or more counties shall take action under RCW 29.85.245 without delay.

Sec. 238   RCW 29.10.015 and 1994 c 57 s 34 are each reenacted to read as follows:
     "ACTIVE," "INACTIVE" REGISTERED VOTERS. Registered voters are divided into two categories, "active" and "inactive." All registered voters are classified as active, unless assigned to inactive status by the county auditor.

Sec. 239   RCW 29.10.071 and 1994 c 57 s 38 are each reenacted to read as follows:
     ASSIGNMENT OF VOTER TO INACTIVE STATUS -- CONFIRMATION NOTICE. (1) A county auditor shall assign a registered voter to inactive status and shall send the voter a confirmation notice if any of the following documents are returned by the postal service as undeliverable:
     (a) An acknowledgement of registration;
     (b) An acknowledgement of transfer to a new address;
     (c) A vote-by-mail ballot, absentee ballot, or application for a ballot;
     (d) Notification to a voter after precinct reassignment;
     (e) Notification to serve on jury duty; or
     (f) Any other document other than a confirmation notice, required by statute, to be mailed by the county auditor to the voter.
     (2) A county auditor shall also assign a registered voter to inactive status and shall send the voter a confirmation notice:
     (a) Whenever change of address information received from the department of licensing under RCW 29.07.270, or by any other agency designated to provide voter registration services under RCW 29.07.420, indicates that the voter has moved to an address outside the county; or
     (b) If the auditor receives postal change of address information under RCW 29.10.180, indicating that the voter has moved out of the county.

Sec. 240   RCW 29.10.220 and 1994 c 57 s 47 are each amended to read as follows:
     VOTING BY INACTIVE OR CANCELED VOTERS. (1) A voter whose registration has been made inactive under this chapter and who offers to vote at an ensuing election before two federal elections have been held ((shall)) must be allowed to vote a regular ballot and the voter's registration restored to active status.
     (2) A voter whose registration has been properly canceled under this chapter shall vote a ((special)) provisional ballot. The voter shall mark the ((special)) provisional ballot in secrecy, the ballot ((shall be)) placed in a security envelope, the security envelope placed in a ((special)) provisional ballot envelope, and the reasons for the use of the ((special)) provisional ballot noted.
     (3) Upon receipt of such a voted ((special)) provisional ballot the auditor shall investigate the circumstances surrounding the original cancellation. If he or she determines that the cancellation was in error, the voter's registration ((shall)) must be immediately reinstated, and the voter's ((special)) provisional ballot ((shall)) must be counted. If the original cancellation was not in error, the voter ((shall)) must be afforded the opportunity to reregister at his or her correct address, and the voter's ((special)) provisional ballot ((shall)) must not be counted.

Sec. 241   RCW 29.10.075 and 1994 c 57 s 39 are each reenacted to read as follows:
     RETURN OF INACTIVE VOTER TO ACTIVE STATUS -- CANCELLATION OF REGISTRATION. The county auditor shall return an inactive voter to active voter status if, during the period beginning on the date the voter was assigned to inactive status and ending on the day of the second general election for federal office that occurs after the date that the voter was sent a confirmation notice, the voter: Notifies the auditor of a change of address within the county; responds to a confirmation notice with information that the voter continues to reside at the registration address; votes or attempts to vote in a primary or a special or general election and resides within the county; or signs any petition authorized by statute for which the signatures are required by law to be verified by the county auditor. If the inactive voter fails to provide such a notice or take such an action within that period, the auditor shall cancel the person's voter registration.

Sec. 242   RCW 29.10.200 and 1994 c 57 s 45 are each reenacted to read as follows:
     CONFIRMATION NOTICES -- FORM, CONTENTS. Confirmation notices must be on a form prescribed by, or approved by, the secretary of state and must request that the voter confirm that he or she continues to reside at the address of record and desires to continue to use that address for voting purposes. The notice must inform the voter that if the voter does not respond to the notice and does not vote in either of the next two federal elections, his or her voter registration will be canceled.

Sec. 243   RCW 29.10.210 and 1994 c 57 s 46 are each reenacted to read as follows:
     CONFIRMATION NOTICE -- RESPONSE, AUDITOR'S ACTION. If the response to the confirmation notice provides the county auditor with the information indicating that the voter has moved within the county, the auditor shall transfer the voter's registration. If the response indicates that the voter has left the county, the auditor shall cancel the voter's registration.

Sec. 244   RCW 29.10.230 and 1999 c 100 s 5 are each amended to read as follows:
     ELECTRONIC FILE FORMAT. 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, 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. ((Every county shall complete this work by January 1, 2000. Each county may bill reasonable programming costs incurred by it to the office of the secretary of state by June 1, 2000.))

Sec. 245   RCW 29.04.250 and 2002 c 21 s 2 are each amended to read as follows:
     VOTER REGISTRATION DATA BASE. (1) The office of the secretary of state shall work in conjunction with the county auditors of the state of Washington to initiate the creation of a statewide voter registration data base. The secretary of state shall identify a group of voter registration experts whose responsibility will be to work on a design for the voter registration data base system. ((The secretary of state shall report back the findings of this group to the legislature no later than February 1, 2003.))
     (2) Among the intended goals the voter registration data base must be designed to accomplish at a minimum, are the following:
     (a) Identify duplicate voter registrations;
     (b) Identify suspected duplicate voters;
     (c) Screen against the department of corrections data base to aid in the cancellation of voter registration of felons;
     (d) Provide up-to-date signatures of voters for the purposes of initiative signature checking;
     (e) Provide for a comparison between the voter registration data base and the department of licensing change of address data base;
     (f) Provide online access for county auditors with the goal of real time duplicate checking and update capabilities, if sufficient funds are available;
     (g) Provide for the cancellation of voter registration for persons who have moved to other states and surrendered their Washington state drivers' licenses;
     (h) Ensure that each county shall maintain legal control of the registration records for that county.

Subpart 2.8
Public Access to Registration Records

Sec. 246   RCW 29.07.130 and 1994 c 57 s 17 are each amended to read as follows:
     REGISTRATION RECORDS -- ORIGINALS AND AUTOMATED FILES -- PUBLIC
ACCESS.
(1) ((The cards required by RCW 29.07.090 shall be kept on file in the office of the secretary of state in such manner as will be most convenient for, and for the sole purpose of, checking initiative and referendum petitions. The secretary may maintain an automated file of voter registration information for any county or counties in lieu of filing or maintaining these voter registration cards if the automated file includes all of the information from the cards including, but not limited to, a retrievable facsimile of the signature of each voter of that county or counties. Such an automated file may be used only for the purpose authorized for the use of the cards.
     (2)
)) The county auditor shall have custody of the voter registration records for each county. The original voter registration form((, as established by RCW 29.07.070, shall)) must be filed ((alphabetically)) without regard to precinct and ((shall be)) is considered confidential and unavailable for public inspection and copying. An automated file of all registered voters ((shall)) must be maintained pursuant to RCW 29.07.220. 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.
     (((3))) (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, date of registration, and registration number. The address and political jurisdiction of a registered voter ((or addresses of a group of voters)) are available for public inspection and copying except ((to the extent that the address of a particular voter is not so available under RCW 42.17.310(1)(bb). The political jurisdictions within which a voter or group of voters reside are also available for public inspection and copying except that the political jurisdictions within which a particular voter resides are not available for such inspection and copying if the address of the voter is not so available under RCW 42.17.310(1)(bb))) as provided by chapter 40.24 RCW. No other information from voter registration records or files is available for public inspection or copying.

Sec. 247   RCW 29.04.100 and 1994 c 57 s 5 are each amended to read as follows:
     REGISTRATION, VOTING RECORDS -- AS PUBLIC RECORDS -- INFORMATION FURNISHED -- RESTRICTIONS, CONFIDENTIALITY. (1) In the case of voter registration records received through the department of licensing, the identity of the office at which any particular individual registered to vote is not available for public inspection and shall not be disclosed to the public. In the case of voter registration records received through an agency designated under RCW 29.07.420, the identity of the agency at which any particular individual registered to vote is not available for public inspection and shall not be disclosed to the public. Any record of a particular individual's choice not to register to vote at an office of the department of licensing or a state agency designated under RCW 29.07.420 is not available for public inspection and any information regarding such a choice by a particular individual shall not be disclosed to the public.
     (2) All poll books or current lists of registered voters, except original voter registration forms or their images, shall be public records and be made available for inspection under such reasonable rules and regulations as the county auditor may prescribe. The county auditor shall promptly furnish current lists or mailing labels of registered voters in his or her possession, at actual reproduction cost, to any person requesting such information((: PROVIDED, That such)). The lists and labels shall not be used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value((: PROVIDED, HOWEVER, That such)). However, the lists and labels may be used for any political purpose.

Sec. 248   RCW 29.04.110 and 1994 c 57 s 6 are each amended to read as follows:
     REGISTRATION, VOTING -- FURNISHING DATA UPON REQUEST -- COST -- USE RESTRICTED. Except original voter registration forms or their images, a reproduction of any form of data storage, in the custody of the county auditor, including poll books and precinct lists of registered voters, magnetic tapes or discs, punched cards, and any other form of storage of such books and lists, shall at the written request of any person be furnished to him or her by the county auditor pursuant to such reasonable rules and regulations as the county auditor may prescribe, and at a cost equal to the county's actual cost in reproducing such form of data storage. Any data contained in a form of storage furnished under this section shall not be used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product or service or for the purpose of mailing or delivering any solicitation for money, services or anything of value((: PROVIDED, HOWEVER, That such)). However, the data may be used for any political purpose. Whenever the county auditor furnishes any form of data storage under this section, he or she shall also furnish the person receiving the same with a copy of RCW 29.04.120.

Sec. 249   RCW 29.04.120 and 1999 c 298 s 2 are each amended to read as follows:
     VIOLATIONS OF RESTRICTED USE OF REGISTERED VOTER DATA -- PENALTIES--LIABILITIES. (1) Any person who uses registered voter data furnished under RCW 29.04.100 or 29.04.110 for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value ((shall be)) is guilty of a felony punishable by imprisonment in a state correctional facility for a period of not more than five years or a fine of not more than ten thousand dollars or both such fine and imprisonment, and ((shall be)) is liable to each person provided such advertisement or solicitation, without the person's consent, for the nuisance value of such person having to dispose of it, which value is herein established at five dollars for each item mailed or delivered to the person's residence((: PROVIDED, That any)). However, a person who mails or delivers any advertisement, offer, or solicitation for a political purpose ((shall)) is not ((be)) liable under this section((,)) unless the person is liable under subsection (2) of this section. For purposes of this subsection, two or more attached papers or sheets or two or more papers ((which)) that are enclosed in the same envelope or container or are folded together ((shall be deemed to constitute)) are one item. Merely having a mailbox or other receptacle for mail on or near the person's residence ((shall)) is not ((be any)) an indication that ((such)) the person consented to receive the advertisement or solicitation. A class action may be brought to recover damages under this section, and the court may award a reasonable attorney's fee to any party recovering damages under this section.
     (2) ((It shall be the responsibility of)) Each person furnished data under RCW 29.04.100 or 29.04.110 ((to)) shall take reasonable precautions designed to assure that the data is not used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value((: PROVIDED, That such)). However, the data may be used for any political purpose. Where failure to exercise due care in carrying out this responsibility results in the data being used for such purposes, then such person ((shall be)) is jointly and severally liable for damages under ((the provisions of)) subsection (1) of this section along with any other person liable under subsection (1) of this section for the misuse of such data.

Sec. 250   RCW 29.04.150 and 1993 c 441 s 1 are each reenacted to read as follows:
     COMPUTER FILE OF REGISTERED VOTERS -- COUNTY RECORDS TO SECRETARY OF STATE -- REIMBURSEMENT. (1) No later than June 15th or November 15th, any political party organization or any other individual may request in writing from the secretary of state to receive a copy of the subsequent statewide computer file of registered voters compiled under subsection (2) of this section. At the time it makes this request, the political party or individual shall deposit sufficient funds with the secretary of state to pay for the cost of assembling, compiling, and distributing the computer file of registered voters and shall agree to the statutory restrictions regarding the commercial use of this data.
     (2) Not earlier than January 1st or July 1st subsequent to the receipt of a request and deposit under subsection (1) of this section, each county auditor shall provide to the secretary of state, or a data processing agency designated by the secretary of state, a duplicate computer tape or data file of the records of the registered voters in that county, containing the information specified in RCW 29.07.220. The secretary of state shall reimburse each county for the actual cost of reproduction and mailing of the duplicate computer tape or data file.

Sec. 251   RCW 29.04.160 and 1995 c 135 s 2 are each amended to read as follows:
     COMPUTER FILE -- DUPLICATE COPY -- RESTRICTIONS AND PENALTIES. As soon as any or all of the voter registration data from the counties has been received under RCW 29.04.150 and processed, the secretary of state shall provide a duplicate copy of this data to the political party organization or other individual making the request, at cost, shall provide a duplicate copy of the master statewide computer tape or data file of registered voters to the statute law committee without cost, and shall provide a duplicate copy of the master statewide computer tape or electronic data file of registered voters to the department of information services for purposes of creating the jury source list without cost. Restrictions as to the commercial use of the information on the statewide computer tape or data file of registered voters, and penalties for its misuse, shall be the same as provided in RCW 29.04.110 and 29.04.120 ((as now existing or hereafter amended)).

Sec. 252   RCW 29.04.240 and 1994 c 57 s 7 are each reenacted to read as follows:
     RECORDS CONCERNING ACCURACY AND CURRENCY OF VOTERS LISTS. Each county auditor shall maintain for at least two years and shall make available for public inspection and copying all records concerning the implementation of programs and activities conducted for the purpose of insuring the accuracy and currency of official lists of eligible voters. These records must include lists of the names and addresses of all persons to whom notices are sent and information concerning whether or not each person has responded to the notices. These records must contain lists of all persons removed from the list of eligible voters and the reasons why the voters were removed.

Subpart 2.9
Challenges

Sec. 253   RCW 29.10.125 and 2001 c 41 s 9 are each reenacted to read as follows:
     CHALLENGE OF REGISTRATION -- INITIATION. Registration of a person as a voter is presumptive evidence of his or her right to vote at any primary or election, general or special. A person's right to vote may be challenged at the polls only by a precinct judge or inspector. A challenge may be made only upon the belief or knowledge of the challenging officer that the voter is unqualified. The challenge must be supported by evidence or testimony given to the county canvassing board under RCW 29.10.127 and may not be based on unsupported allegations or allegations by anonymous third parties. The identity of the challenger, and any third person involved in the challenge, shall be public record and shall be announced at the time the challenge is made.
     Challenges initiated by a registered voter must be filed not later than the day before any primary or election, general or special, at the office of the appropriate county auditor. A challenged voter may properly transfer or reregister until three days before the primary or election, general or special, by applying personally to the county auditor. Challenges may also be initiated by the office of the county prosecuting attorney and must be filed in the same manner as challenges initiated by a registered voter.

Sec. 254   RCW 29.10.127 and 1987 c 288 s 2 are each amended to read as follows:
     CHALLENGE -- VOTING BY PERSON CHALLENGED -- BURDEN OF PROOF, PROCEDURES. When the right of a person has been challenged under RCW 29.10.125 or 29.10.130(2), the challenged person shall be permitted to vote a ballot which shall be placed in a sealed envelope separate from other voted ballots. In precincts where voting machines are used, any person whose right to vote is challenged under RCW 29.10.125 or 29.10.130(2) shall be furnished a paper ballot, which shall be placed in a sealed envelope after being marked. Included with the challenged ballot shall be (1) an affidavit filed under RCW 29.10.130 challenging the person's right to vote or (2) an affidavit signed by the precinct election officer and any third party involved in the officer's challenge and stating the reasons the voter is being challenged. The sealed ballots of challenged voters shall be transmitted at the close of the election to the canvassing board or other authority charged by law with canvassing the returns of the particular primary or election. The county auditor shall notify the challenger and the challenged voter, by certified mail, of the time and place at which the county canvassing board will meet to rule on challenged ballots. If the challenge is made by a precinct election officer under RCW 29.10.125, the officer must appear in person before the board unless he or she has received written authorization from the canvassing board to submit an affidavit supporting the challenge. If the challenging officer has based his or her challenge upon evidence provided by a third party, that third party must appear with the challenging officer before the canvassing board, unless he or she has received written authorization from the canvassing board to submit an affidavit supporting the challenge. If the challenge is filed under RCW 29.10.130, the challenger must either appear in person before the board or submit an affidavit supporting the challenge. The challenging party must prove to the canvassing board by clear and convincing evidence that the challenged voter's registration is improper. If the challenging party fails to meet this burden, the challenged ballot shall be accepted as valid and counted. The canvassing board shall give the challenged voter the opportunity to present testimony, either in person or by affidavit, and evidence to the canvassing board before making their determination. All challenged ballots must be determined no later than the time of canvassing for the particular primary or election. The decision of the canvassing board or other authority charged by law with canvassing the returns shall be final. Challenges of absentee ballots shall be determined according to RCW ((29.36.100)) 29.36.350 (as recodified by this act).

Sec. 255   RCW 29.10.130 and 1987 c 288 s 3 are each reenacted to read as follows:
     CHALLENGE -- AFFIDAVIT -- ADMINISTRATION, NOTICE OF CHALLENGE. (1) Any registered voter may request that the registration of another voter be canceled if he or she believes that the voter does not meet the requirements of Article VI, section 1 of the state Constitution or that voter no longer maintains a legal voting residence at the address shown on his or her registration record. The challenger shall file with the county auditor a signed affidavit subject to the penalties of perjury, to the effect that to his or her personal knowledge and belief another registered voter does not actually reside at the address as given on his or her registration record or is otherwise not a qualified voter and that the voter in question is not protected by the provisions of Article VI, section 4, of the Constitution of the state of Washington. The person filing the challenge must furnish the address at which the challenged voter actually resides.
     (2) Any such challenge of a voter's registration and right to vote made less than thirty days before a primary or election, special or general, shall be administered under RCW 29.10.127. The county auditor shall notify the challenged voter and the precinct election officers in the voter's precinct that a challenge has been filed, provide the name of the challenger, and instruct both the precinct election officers and the voter that, in the event the challenged voter desires to vote at the ensuing primary or election, a challenged ballot will be provided. The voter shall also be informed that the status of his or her registration and the disposition of any challenged ballot will be determined by the county canvassing board in the manner provided by RCW 29.10.127. If the challenged voter does not vote at the ensuing primary or election, the challenge shall be processed in the same manner as challenges made more than thirty days prior to the primary or election under RCW 29.10.140.

Sec. 256   RCW 29.10.140 and 1987 c 288 s 4 are each reenacted to read as follows:
     CHALLENGE -- PROCEDURE BEFORE CANCELLATION. All challenges of voter registration under RCW 29.10.130 made thirty days or more before a primary or election, general or special, shall be delivered to the appropriate county auditor who shall notify the challenged voter, by certified mail, that his or her voter registration has been challenged.
     The notification shall be mailed to the address at which the challenged voter is registered, any address provided by the challenger under RCW 29.10.130, and to any other address at which the individual whose registration is being challenged is alleged to reside or at which the county auditor would reasonably expect that individual to receive notice of the challenge of his or her voter registration. Included in the notification shall be a request that the challenged voter appear at a hearing to be held within ten days of the mailing of the request, at the place, day, and hour stated, in order to determine the validity of his or her registration. The challenger shall be provided with a copy of this notification and request. If either the challenger or the challenged voter is unable to appear in person, he or she may file a reply by means of an affidavit stating under oath the reasons he or she believes the registration to be invalid or valid.
     If both the challenger and the challenged voter file affidavits instead of appearing in person, an evaluation of the affidavits by the county auditor constitutes a hearing for the purposes of this section.
     The county auditor shall hold a hearing at which time both parties may present their facts and arguments. After reviewing the facts and arguments, including any evidence submitted by either side, the county auditor shall rule as to the validity or invalidity of the challenged registration. His or her ruling is final subject only to a petition for judicial review by the superior court under chapter 34.05 RCW. If either party, or both parties, fail to appear at the meeting or fail to file an affidavit, the county auditor shall determine the status of the registration based on his or her evaluation of the available facts.

Sec. 257   RCW 29.10.150 and 1991 c 81 s 27 are each amended to read as follows:
     CHALLENGE OF REGISTRATION -- FORMS, AVAILABILITY. The secretary of state as chief elections officer shall cause appropriate forms to be designed to carry out the provisions of RCW 29.10.130 ((through 29.10.160)) and 29.10.140 (as recodified by this act). The county auditors and ((registrars)) registration assistants shall have such forms available. Further, a reasonable supply of such forms shall be at each polling place on the day of a primary or election, general or special.

PART 3
VOTING SYSTEMS

Sec. 301   RCW 29.33.020 and 1990 c 59 s 17 are each reenacted to read as follows:
     AUTHORITY FOR USE. At any primary or election in any county, votes may be cast, registered, recorded, or counted by means of voting systems that have been approved under RCW 29.33.041.

Sec. 302   RCW 29.33.041 and 1990 c 59 s 18 are each reenacted to read as follows:
     INSPECTION AND TEST BY SECRETARY OF STATE--REPORT. The secretary of state shall inspect, evaluate, and publicly test all voting systems or components of voting systems that are submitted for review under RCW 29.33.051. The secretary of state shall determine whether the voting systems conform with all of the requirements of this title, the applicable rules adopted in accordance with this title, and with generally accepted safety requirements. The secretary of state shall transmit a copy of the report of any examination under this section, within thirty days after completing the examination, to the county auditor of each county.

Sec. 303   RCW 29.33.051 and 1990 c 59 s 19 are each reenacted to read as follows:
     SUBMITTING SYSTEM OR COMPONENT FOR EXAMINATION. The manufacturer or distributor of a voting system or component of a voting system may submit that system or component to the secretary of state for examination under RCW 29.33.041.

Sec. 304   RCW 29.33.061 and 1990 c 59 s 20 are each reenacted to read as follows:
     INDEPENDENT EVALUATION. (1) The secretary of state may rely on the results of independent design, engineering, and performance evaluations in the examination under RCW 29.33.041 if the source and scope of these independent evaluations are specified by rule.
     (2) The secretary of state may contract with experts in mechanical or electrical engineering or data processing to assist in examining a voting system or component. The manufacturer or distributor who has submitted a voting system for testing under RCW 29.33.051 shall pay the secretary of state a deposit to reimburse the cost of any contract for consultation under this section and for any other unrecoverable costs associated with the examination of a voting system or component by the manufacturer or distributor who submitted the voting system or component for examination.

Sec. 305   RCW 29.33.081 and 1990 c 59 s 21 are each amended to read as follows:
     APPROVAL REQUIRED--MODIFICATION. If voting systems or devices or vote tallying systems are to be used for conducting a primary or election, only those that have the approval of the secretary of state or had been approved under this chapter or the former chapter 29.34 RCW before March 22, 1982, may be used. Any modification, change, or improvement to any voting system or component of a system that does not impair its accuracy, efficiency, or capacity or extend its function, may be made without reexamination or reapproval by the secretary of state under RCW 29.33.041.

Sec. 306   RCW 29.33.130 and 1990 c 59 s 22 are each reenacted to read as follows:
     RESPONSIBILITY FOR MAINTENANCE AND OPERATION. The county auditor of a county in which voting systems are used is responsible for the preparation, maintenance, and operation of those systems and may employ and direct persons to perform some or all of these functions.

Sec. 307   RCW 29.33.145 and 1998 c 58 s 1 are each reenacted to read as follows:
     ACCEPTANCE TEST. An agreement to purchase or lease a voting system or a component of a voting system is subject to that system or component passing an acceptance test sufficient to demonstrate that the equipment is the same as that certified by the secretary of state and that the equipment is operating correctly as delivered to the county.

Sec. 308   RCW 29.33.300 and 1990 c 59 s 26 are each reenacted to read as follows:
     REQUIREMENTS OF VOTING DEVICES FOR APPROVAL. No voting device shall be approved by the secretary of state unless it:
     (1) Secures to the voter secrecy in the act of voting;
     (2) Permits the voter to vote for any person for any office and upon any measure that he or she has the right to vote for;
     (3) Permits the voter to vote for all the candidates of one party or in part for the candidates of one or more other parties;
     (4) Correctly registers all votes cast for any and all persons and for or against any and all measures;
     (5) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting device or vote tally system except when voting for president and vice president of the United States; and
     (6) 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. 309   RCW 29.33.310 and 1990 c 59 s 27 are each reenacted to read as follows:
     SINGLE DISTRICT AND PRECINCT ON VOTING DEVICES. The ballot on a single voting device shall not contain the names of candidates for the offices of United States representative, state senator, state representative, county council, or county commissioner in more than one district. In all general elections, primaries, and special elections, in each polling place the voting devices containing ballots for candidates from each congressional, legislative, or county council or commissioner district shall be grouped together and physically separated from those devices containing ballots for other districts. Each voter shall be directed by the precinct election officers to the correct group of voting devices.

Sec. 310   RCW 29.33.320 and 1990 c 59 s 28 are each reenacted to read as follows:
     REQUIREMENTS OF VOTE TALLYING SYSTEMS FOR APPROVAL. 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 29.30.040;
     (5) Produces precinct and cumulative totals in printed form; and
     (6) 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. 311   RCW 29.33.330 and 1990 c 59 s 25 are each amended to read as follows:
     RECORD OF BALLOT FORMAT--DEVICES SEALED. In preparing a voting device for a primary or election, a record shall be made of the ballot format installed in each device and the precinct or portion of a precinct for which that device has been prepared. Except where provided by a rule adopted under RCW ((29.04.210)) 29.04.080 (as recodified by this act), after being prepared for a primary or election, each device shall be sealed with a uniquely numbered seal and provided to the inspector of the appropriate polling place.

Sec. 312   RCW 29.33.340 and 1990 c 59 s 29 are each reenacted to read as follows:
     ELECTION OFFICIALS--INSTRUCTION, COMPENSATION, REQUIREMENTS. (1) Before each state primary or general election at which voting systems are to be used, the county auditor shall instruct all precinct election officers appointed under RCW 29.45.010, counting center personnel, and political party observers designated under RCW 29.54.025 in the proper conduct of their duties.
     (2) The county auditor may waive instructional requirements for precinct election officers, counting center personnel, and political party observers who have previously received instruction and who have served for a sufficient length of time to be fully qualified to perform their duties. The county auditor shall keep a record of each person who has received instruction and is qualified to serve at the subsequent primary or election.
     (3) As compensation for the time spent in receiving instruction, each precinct election officer who qualifies and serves at the subsequent primary or election shall receive an additional two hours compensation, to be paid at the same time and in the same manner as compensation is paid for services on the day of the primary or election.
     (4) Except for the appointment of a precinct election officer to fill a vacancy under RCW 29.45.040, no inspector or judge may serve at any primary or election at which voting systems are used unless he or she has received the required instruction and is qualified to perform his or her duties in connection with the voting devices. No person may work in a counting center at a primary or election at which a vote tallying system is used unless that person has received the required instruction and is qualified to perform his or her duties in connection with the handling and tallying of ballots for that primary or election. No person may serve as a political party observer unless that person has received the required instruction and is familiar with the operation of the counting center and the vote tallying system and the procedures to be employed to verify the accuracy of the programming for that vote tallying system.

Sec. 313   RCW 29.33.350 and 1998 c 58 s 2 are each amended to read as follows:
     VOTE TALLYING SYSTEMS--PROGRAMMING TESTS. At least three days before each state primary or general election, the office of the secretary of state shall provide for the conduct of tests of the programming for each vote tallying system to be used at that primary or general election. The test must verify that the system will correctly count the vote cast for all candidates and on all measures appearing on the ballot at that primary or general election. ((The office of the secretary of state shall adopt rules specifying the manner of conducting these programming tests.)) The test shall verify the capability of the vote tallying system to perform all of the functions that can reasonably be expected to occur during conduct of that particular primary or election. If any error is detected, the cause shall be determined and corrected, and an errorless total shall be produced before the primary or election.
     Such tests shall be observed by at least one representative from each major political party, if representatives have been appointed by the respective major political parties and are present at the test, and shall be open to candidates, the press, and the public. The county auditor and any political party observers shall certify that the test has been conducted in accordance with this section. Copies of this certification shall be retained by the secretary of state and the county auditor. All programming materials, test results, and test ballots shall be securely sealed until the day of the primary or general election.

Sec. 314   RCW 29.33.360 and 1998 c 58 s 3 are each reenacted to read as follows:
     OPERATING PROCEDURES. The secretary of state may publish recommended procedures for the operation of the various vote tallying systems that have been approved. These procedures allow the office of the secretary of state to restrict or define the use of approved systems in elections.

Sec. 315   RCW 29.04.200 and 1998 c 245 s 26 are each amended to read as follows:
     RECORDING REQUIREMENTS. (1) ((Beginning January 1, 1993,)) No voting device or machine may be used in a county with a population of seventy thousand or more to conduct a primary or general or special election in this state unless it correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure and such separate ballots are available for audit purposes after such a primary or election.
     (2) ((Beginning January 1, 1993,)) The secretary of state shall not certify under this title any voting device or machine for use in conducting a primary or general or special election in this state unless the device or machine correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure and such separate ballots are available for audit purposes after such a primary or election.
     (((3) Beginning January 1, 1993, a county with a population of less than seventy thousand may use a voting machine or device for conducting a primary or general or special election which does not record on a separate ballot, available for audit purposes after the primary or election, the votes cast by each elector for any person and for or against any measure if:
     (a) The device was certified under this title before January 1, 1993, for use in this state;
     (b) The device otherwise satisfies the requirements of this title; and
     (c) Not more than twenty percent of the votes cast during any primary or general or special election conducted after January 1, 1998, in the county are cast using such a machine or device.
     (4) The purpose of subsection (3) of this section is to permit less populous counties to replace voting equipment in stages over several years. These less populous counties are, nonetheless, encouraged to secure as expeditiously as possible voting equipment which would satisfy the requirements of subsection (1) of this section established for more populous counties.
))

PART 4
PRECINCT AND POLLING PLACE DETERMINATION AND ACCESSIBILITY

Sec. 401   RCW 29.57.010 and 1999 c 298 s 13 are each amended to read as follows:
     INTENT--DUTIES OF COUNTY AUDITORS. The intent of this chapter is to require state and local election officials to designate and use polling places in all elections and permanent registration locations which are accessible to elderly and ((handicapped)) disabled persons. County auditors shall:
     (1) Make modifications such as installation of temporary ramps or relocation of polling places within buildings, where appropriate;
     (2) Designate new, accessible polling places to replace those that are inaccessible; and
     (3) Continue to use polling places and voter registration locations which are accessible to elderly and ((handicapped)) disabled persons.

Sec. 402   RCW 29.57.090 and 1999 c 298 s 15 are each amended to read as follows:
     ALTERNATIVE POLLING PLACES OR PROCEDURES. The secretary of state shall establish procedures to assure that, in any primary or election, any ((handicapped)) disabled or elderly voter assigned to an inaccessible polling place will, upon advance request of that voter, either be permitted to vote at an alternative accessible polling place not overly inconvenient to that voter or be provided with an alternative means of casting a ballot on the day of the primary or election. The county auditor shall make any accommodations in voting procedures necessary to allow the use of alternative polling places by elderly or ((handicapped)) disabled voters under this section.

Sec. 403   RCW 29.57.160 and 1999 c 298 s 20 are each amended to read as follows:
     COSTS FOR MODIFICATIONS--ALTERNATIVES--ELECTION COSTS. (1) County auditors shall seek alternative polling places or other low-cost alternatives including, but not limited to, procedural changes and assistance from local disabled groups, service organizations, and other private sources before incurring costs for modifications under this chapter.
     (2) The cost of those modifications to buildings or other facilities, including signs designating ((handicapped)) disabled accessible parking and entrances, that are necessary to permit the use of those facilities for polling places under this chapter or any procedures established under RCW 29.57.090 shall be treated as election costs and prorated under RCW 29.13.045.

Sec. 404   RCW 29.04.040 and 1999 c 158 s 3 are each amended to read as follows:
     PRECINCTS--NUMBER OF VOTERS--DIVIDING, ALTERING, OR COMBINING--CREATING NEW PRECINCTS. (1) ((No paper ballot precinct may contain more than three hundred active registered voters. The county legislative authority may divide, alter, or combine precincts so that, whenever practicable, over-populated precincts shall contain no more than two hundred fifty active registered voters in anticipation of future growth.
     (2)
)) 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 (((5))) (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 and ending with the day of the general election.
     (((3))) (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.
     (((4))) (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.
     (((5))) (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 ((shall)) must be made as soon as possible after the approval of the annexation or incorporation. The temporary adjustment ((shall)) 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 ((shall)) 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 ((with two hundred fifty active registered voters or less)) 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.
     (((6))) (5) In determining the number of active registered voters for the purposes of this section, persons who are ongoing absentee voters under RCW ((29.36.013)) 29.36.240 (as recodified by this act) shall not be counted. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29.62.090.

Sec. 405   RCW 29.04.050 and 1999 c 298 s 1 are each amended to read as follows:
     PRECINCTS--RESTRICTIONS ON PRECINCT BOUNDARIES--DESIGNATED BY NUMBER. (1) Every voting precinct must be wholly within a single congressional district, a single legislative district, ((and)) a single district of a county legislative authority, and, if applicable, a single city.
     (2) Every voting precinct shall be composed, as nearly as practicable, of contiguous and compact areas.
     (3) Except as provided in this subsection, changes to the boundaries of any precinct shall follow visible, physical features delineated on the most current maps provided by the United States census bureau. A change need not follow such visible, physical features if (a) it is necessitated by an annexation or incorporation and the proposed precinct boundary is identical to an exterior boundary of the annexed or incorporated area which does not follow a visible, physical feature; or (b) doing so would substantially impair election administration in the involved area.
     (4) After a change to precinct boundaries is adopted by the county legislative authority, if the change does not follow visible physical features, the county auditor shall send to the secretary of state ((a)) an electronic or paper copy of the ((legal)) description ((and)), a map or maps of the changes, and((, if all or part of the changes do not follow visible, physical features,)) a statement of the applicable exception under subsection (3) of this section. For boundary changes made pursuant to subsection (3)(b) of this section, the auditor shall include a statement of the reasons why following visible, physical features would have substantially impaired election administration.
     (5) Every voting precinct within each county shall be designated by number for the purpose of preparation of maps and the tabulation of population for apportionment purposes. These precincts may be identified with names or other numbers for other election purposes.
     (6) After a change to precinct boundaries in a city or town, the county auditor shall send one copy of the map or maps delineating the new precinct boundaries within that city or town to the city or town clerk.
     (7) Precinct maps are public records and shall be available for inspection by the public during normal office hours in the offices where they are kept. Copies shall be made available to the public for a fee necessary to cover the cost of reproduction.

Sec. 406   RCW 29.04.055 and 2001 c 241 s 22 are each reenacted to read as follows:
     COMBINING OR DIVIDING PRECINCTS, ELECTION BOARDS. At any special election or primary, the county auditor may combine, unite, or divide precincts and may combine or unite election boards for the purpose of holding such election. At any general election, the county auditor may combine or unite election boards for the purpose of holding such election, but shall report all election returns by individual precinct.

Sec. 407   RCW 29.48.005 and 1965 c 9 s 29.48.005 are each amended to read as follows:
     POLLING PLACE--MAY BE LOCATED OUTSIDE PRECINCT. Polling places for the various voting precincts may be located outside the boundaries of the respective precincts, when the officers conducting the primary or election shall deem it feasible((: PROVIDED, That)). However, such polling places ((shall)) must be located within a reasonable distance of their respective precincts. The purpose of this section is to furnish adequate voting facilities at readily accessible and identifiable locations, and nothing ((herein shall be construed as affecting)) in this section affects the number, method of selection, or duties of precinct election officers.

Sec. 408   RCW 29.48.007 and 1985 c 205 s 14 are each reenacted to read as follows:
     POLLING PLACE--USE OF COUNTY, MUNICIPALITY, OR SPECIAL DISTRICT FACILITIES. The legislative authority of each county, municipality, and special district shall, at the request of the county auditor, make their facilities available for use as polling places for primaries, special elections, and state general elections held within that county. When, in the judgment of the county auditor, a facility of a county, municipality, or special district would provide a location for a polling place that would best satisfy the requirements of chapter 29.57 RCW, he or she shall notify the legislative authority of that county, municipality, or district of the number of facilities needed for use as polling places. Payment for polling places and any other conditions or obligations regarding these polling places shall be provided for by contract between the county auditor and the county, municipality, or district.

Sec. 409   RCW 29.57.040 and 1979 ex.s. c 64 s 4 are each reenacted to read as follows:
     PUBLIC BUILDINGS USED AS POLLING PLACES--CONDITIONS. Each state agency and entity of local government shall permit the use of any of its buildings and the most suitable locations therein as polling places when required by a county auditor to provide accessible places in each precinct.

Sec. 410   RCW 29.57.070 and 1999 c 298 s 14 are each reenacted to read as follows:
     INACCESSIBLE POLLING PLACES--AUDITORS' LIST. No later than April 1st of each even-numbered year, each county auditor shall submit to the secretary of state a list showing the number of polling places in the county and specifying any that have been found inaccessible. The auditor shall indicate the reasons for inaccessibility, and what efforts have been made pursuant to this chapter to locate alternative polling places or to make the existing facilities temporarily accessible.
     If a county auditor's list shows, for two consecutive reporting periods, that no polling places have been found inaccessible, the auditor need not submit further reports unless the secretary of state specifically reinstates the requirement for that county. Notice of reinstatement must be in writing and delivered at least sixty days before the reporting date.

Sec. 411   RCW 29.57.100 and 1999 c 298 s 16 are each reenacted to read as follows:
     POLLING PLACES--ACCESSIBILITY REQUIRED, EXCEPTIONS. Each polling place must be accessible unless:
     (1) The county auditor has determined that it is inaccessible, that no alternative accessible polling place is available, that no temporary modification of that polling place or any alternative polling place is possible, and that the county auditor has complied with the procedures established under RCW 29.57.090; or
     (2) The secretary of state determines that a state of emergency exists that would otherwise interfere with the efficient administration of the primary or election.

Sec. 412   RCW 29.57.050 and 1979 ex.s. c 64 s 5 are each reenacted to read as follows:
     REVIEW BY AND RECOMMENDATIONS OF DISABLED VOTERS. County auditors shall, as feasible, solicit and use the assistance of disabled voters in reviewing sites and recommending inexpensive remedies to improve accessibility.

Sec. 413   RCW 29.57.150 and 1999 c 298 s 19 are each reenacted to read as follows:
     COUNTY AUDITORS--NOTICE OF ACCESSIBILITY. Each county auditor shall include a notice of the accessibility of polling places in the notice of election published under RCW 29.27.030 and 29.27.080.

PART 5
QUALIFICATIONS, TERMS, AND REQUIREMENTS FOR ELECTIVE OFFICES
Subpart 5.1
General

Sec. 501   RCW 29.27.090 and 1965 c 9 s 29.27.090 are each amended to read as follows:
     PRESERVATION OF DECLARATION OF CANDIDACY. The secretary of state((,)) and each county auditor ((of each county, and clerks of the several municipal corporations)) shall preserve all ((certificates of nomination)) declarations of candidacy filed in their respective offices for six months. All ((certificates shall)) declarations of candidacy must be open to public inspection ((under proper regulations made by the officer with whom they are filed)).

Sec. 502   RCW 29.15.025 and 1999 c 298 s 9 are each amended to read as follows:
     QUALIFICATIONS FOR FILING, APPEARANCE ON BALLOT. (1) A person filing a declaration ((and affidavit)) 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 ((and affidavit)) 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 ((and affidavit)) of candidacy is filed, properly registered to vote in that district or division. The officer with whom declarations ((and affidavits)) of candidacy must be filed under this title shall review each such declaration filed regarding compliance with this subsection.
     (((3))) (4) This section does not apply to the office of a member of the United States Congress.

Sec. 503   RCW 29.13.050 and 1979 ex.s. c 126 s 14 are each amended to read as follows:
     LOCAL OFFICERS, BEGINNING OF TERMS--ORGANIZATION OF DISTRICT BOARDS OF DIRECTORS. The term of every city, town, and district officer elected to office on the first Tuesday following the first Monday in November of the odd-numbered years ((shall)) begins in accordance with RCW 29.04.170((: PROVIDED, That any)). However, a person elected to less than a full term shall assume office as soon as the election returns have been certified and he or she is qualified in accordance with RCW 29.01.135.
     Each board of directors of every district shall be organized at the first meeting held after one or more newly elected directors take office.

Sec. 504   RCW 29.04.170 and 1999 c 298 s 3 are each amended to read as follows:
     LOCAL ELECTED OFFICIALS, COMMENCEMENT OF TERM OF OFFICE--PURPOSE, 1979 EX.S. C 126. (1) The legislature finds that certain laws are in conflict governing the ((election)) assumption of office of various local officials. The purpose of ((chapter 126, Laws of 1979 ex. sess.)) this section is to provide a common date for the assumption of office for all the elected officials of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting. A person elected to the office of school director begins his or her term of office at the first official meeting of the board of directors after certification of the election results. It is also the purpose of ((chapter 126, Laws of 1979 ex. sess.)) this section to remove these conflicts and delete old statutory language concerning such elections which is no longer necessary.
     (2) For elective offices of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting, the term of incumbents ((shall)) ends and the term of successors ((shall)) begins after the successor is elected and qualified, and the term ((shall)) commences immediately after December 31st following the election, except as follows:
     (a) Where the term of office varies from this standard according to statute; and
     (b) If the election results have not been certified prior to January 1st after the election, in which event the time of commencement for the new term ((shall)) occurs when the successor becomes qualified in accordance with RCW 29.01.135.
     (3) For elective offices governed by this section, the oath of office ((shall)) must be taken as the last step of qualification as defined in RCW 29.01.135 but may be taken either:
     (a) Up to ten days prior to the scheduled date of assuming office; or
     (b) At the last regular meeting of the governing body of the applicable county, city, town, or special district held before the winner is to assume office.

Subpart 5.2
Minor Party and Independent Candidate Nominating

Sec. 505   RCW 29.24.010 and 1977 ex.s. c 329 s 1 are each amended to read as follows:
     DEFINITIONS--"CONVENTION" AND "ELECTION JURISDICTION." A "convention" for the purposes of this chapter, is an organized assemblage of registered voters representing an independent candidate or candidates or a new or minor political party, organization, or principle. As used in this chapter, the term "election jurisdiction" shall mean the state or any political subdivision or jurisdiction of the state from which partisan officials are elected. This term shall include 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 president and vice president, members of the United States senate, and state officials who are elected on a statewide basis.

Sec. 506   RCW 29.24.020 and 2001 c 30 s 2 are each reenacted to read as follows:
     NOMINATION BY CONVENTION OR WRITE-IN--DATES--SPECIAL FILING
PERIOD.
(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 29.68.080; (b) as provided by RCW 29.62.180; 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 29.15.230, 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 29.24.025 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 29.24.030. 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. 507   RCW 29.24.025 and 1989 c 215 s 1 are each reenacted to read as follows:
     NOTICE OF CONVENTION. Each minor party or independent candidate must publish a notice in a newspaper of general circulation within the county in which the party or the candidate intends to hold a convention. The notice must appear at least ten days before the convention is to be held, and shall state the date, time, and place of the convention. Additionally, it shall include the mailing address of the person or organization sponsoring the convention.

Sec. 508   RCW 29.24.030 and 1989 c 215 s 3 are each reenacted to read as follows:
     REQUIREMENTS FOR VALIDITY OF CONVENTION. (1) To be valid, a convention must be attended by at least twenty-five 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 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 persons who are registered to vote in the jurisdiction of the office for which the nominations are made.

Sec. 509   RCW 29.24.035 and 2001 c 64 s 1 are each reenacted to read as follows:
     NOMINATING PETITION--REQUIREMENTS. 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 29.24.040(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 office for a primary or election.

Sec. 510   RCW 29.24.040 and 1989 c 215 s 4 are each amended to read as follows:
     CERTIFICATE OF NOMINATION--REQUISITES. A certificate evidencing nominations made at a convention 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 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 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 29.24.030;
     (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 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. 511   RCW 29.24.045 and 2001 c 30 s 4 are each reenacted to read as follows:
     MULTIPLE CERTIFICATES OF NOMINATION. (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. 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 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 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. 512   RCW 29.24.055 and 1989 c 215 s 6 are each reenacted to read as follows:
     PRESIDENTIAL ELECTORS--SELECTION AT CONVENTION. 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 presiding officer of the convention.

Sec. 513   RCW 29.24.060 and 1989 c 215 s 7 are each reenacted to read as follows:
     CERTIFICATE OF NOMINATION--CHECKING SIGNATURES--APPEAL OF DETERMINATION. 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 29.24.030 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. 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. 514   RCW 29.24.070 and 1990 c 59 s 103 are each amended to read as follows:
     DECLARATIONS OF CANDIDACY REQUIRED, EXCEPTIONS--PAYMENT OF FEES.
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 29.15.010 and 29.15.030. The name of a candidate nominated at a convention shall not be printed upon the primary 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.

PART 6
FILING FOR OFFICE
Subpart 6.1
General

Sec. 601   RCW 29.15.130 and 1990 c 59 s 79 are each reenacted to read as follows:
     POSITION NUMBERS DESIGNATED, WHEN -- EFFECT. Not less than thirty days before the first day for filing declarations of candidacy under RCW 29.15.020 for legislative, judicial, county, city, town, or district office, where more than one position with the same name, district number, or title will be voted upon at the succeeding election, the filing officer shall designate the positions to be filled by number.
     The positions so designated shall be dealt with as separate offices for all election purposes. With the exception of the office of justice of the supreme court, the position numbers shall be assigned, whenever possible, to reflect the position numbers that were used to designate the same positions at the last full-term election for those offices.

Sec. 602   RCW 29.15.140 and 1990 c 59 s 92 are each reenacted to read as follows:
     DESIGNATION OF SHORT TERMS, FULL TERMS, AND UNEXPIRED TERMS -- FILING DECLARATIONS -- ELECTION TO BOTH SHORT AND FULL TERMS. If at the same election there are short terms or full terms and unexpired terms of office to be filled, the filing officer shall distinguish them and designate the short term, the full term, and the unexpired term, as such, or by use of the words "short term," "unexpired two year term," or "four year term," as the case may be.
     In filing the declaration of candidacy in such cases the candidate shall specify that the candidacy is for the short term, the full term, or the unexpired term. When both a short term and a full term for the same position are scheduled to be voted upon, or when a short term is created after the close of the filing period, a single declaration of candidacy accompanied by a single filing fee shall be construed as a filing for both the short term and the full term and the name of such candidate shall appear upon the ballot for the position sought with the designation "short term and full term." The candidate elected to both such terms shall be sworn into and assume office for the short term as soon as the election returns have been certified and shall again be sworn into office on the second Monday in January following the election to assume office for the full term.

Sec. 603   RCW 29.15.010 and 2002 c 140 s 1 are each amended to read as follows:
     DECLARATION OF CANDIDACY. A candidate who desires to have his or her name printed on the ballot for election to an office other than president of the United States, vice president of the United States, or an office for which ownership of property is a prerequisite to voting shall complete and file a declaration ((and affidavit)) of candidacy. The secretary of state shall adopt, by rule, a declaration of candidacy form for the office of precinct committee officer and a separate standard form for candidates for all other offices filing under this chapter. Included on the standard form shall be:
     (1) A place for the candidate to declare that he or she is a registered voter within the jurisdiction of the office for which he or she is filing, and the address at which he or she is registered;
     (2) A place for the candidate to indicate the position for which he or she is filing;
     (3) A place for the candidate to indicate a party designation, if applicable;
     (4) A place for the candidate to indicate the amount of the filing fee accompanying the declaration of candidacy or for the candidate to indicate that he or she is filing a nominating petition in lieu of the filing fee under RCW 29.15.050;
     (5) A place for the candidate to sign the declaration of candidacy, stating that the information provided on the form is true and swearing or affirming that he or she will support the Constitution and laws of the United States and the Constitution and laws of the state of Washington.
     In the case of a declaration of candidacy filed electronically, submission of the form constitutes agreement that the information provided with the filing is true, that he or she will support the Constitutions and laws of the United States and the state of Washington, and that he or she agrees to electronic payment of the filing fee established in RCW 29.15.050.
     The secretary of state may require any other information on the form he or she deems appropriate to facilitate the filing process.

Sec. 604   RCW 29.15.044 and 2002 c 140 s 2 are each reenacted to read as follows:
     ELECTRONIC FILING -- AUTHORIZED -- PERIOD. A candidate may file his or her declaration of candidacy for an office by electronic means on a system specifically designed and authorized by a filing officer to accept filings.
     (1) Filings that are received electronically must capture all information specified in RCW 29.15.010 (1) through (4).
     (2) Electronic filing may begin at 9:00 a.m. the fourth Monday in July and continue through 4:00 p.m. the following Friday.
     (3) In case of special filing periods established in this chapter, electronic filings may be accepted beginning at 9:00 a.m. on the first day of the special filing period through 4:00 p.m. the last day of the special filing period.

Sec. 605   RCW 29.15.020 and 1990 c 59 s 81 are each reenacted to read as follows:
     DECLARATION OF CANDIDACY -- CERTAIN OFFICES, WHEN FILED. Except where otherwise provided by this title, declarations of candidacy for the following offices shall be filed during regular business hours with the filing officer no earlier than the fourth Monday in July and no later than the following Friday in the year in which the office is scheduled to be voted upon:
     (1) Offices that are scheduled to be voted upon for full terms or both full terms and short terms at, or in conjunction with, a state general election; and
     (2) Offices where a vacancy, other than a short term, exists that has not been filled by election and for which an election to fill the vacancy is required in conjunction with the next state general election.
     This section supersedes all other statutes that provide for a different filing period for these offices.

Sec. 606   RCW 29.15.090 and 1990 c 59 s 83 are each amended to read as follows:
     CANDIDATES' NAMES -- NICKNAMES. When filing for office, a candidate may indicate the manner in which he or she desires his or her name to be printed on the ballot. For filing purposes, a candidate may use a nickname by which he or she is commonly known as his or her first name, but the last name shall be the name under which he or she is registered to vote.
     No candidate may:
     (1) Use a nickname that denotes present or past occupation, including military rank;
     (2) Use a nickname that denotes the candidate's position on issues or political affiliation;
     (3) Use a nickname designed intentionally to mislead voters.
     ((The secretary of state shall adopt rules to resolve those instances when candidates have filed for the same office whose last names are so similar in sound or spelling as to be confusing to the voter.))

Sec. 607   RCW 29.15.030 and 2002 c 140 s 4 are each amended to read as follows:
     DECLARATION OF CANDIDACY -- WHERE FILED -- COPY TO PUBLIC DISCLOSURE COMMISSION. Declarations of candidacy shall be filed with the following filing officers:
     (1) The secretary of state for declarations of candidacy for statewide offices, United States senate, and United States house of representatives;
     (2) The secretary of state for declarations of candidacy for the state legislature, the court of appeals, and the superior court when voters from a district comprising more than one county vote upon the candidates;
     (3) The county auditor for all other offices. For any nonpartisan office, other than judicial offices and school director in joint districts, where voters from a district comprising more than one county vote upon the candidates, a declaration of candidacy shall be filed with the county auditor of the county in which a majority of the registered voters of the district reside. For school directors in joint school districts, the declaration of candidacy shall be filed with the county auditor of the county designated by the state board of education as the county to which the joint school district is considered as belonging under RCW 28A.323.040.
     Each official with whom declarations of candidacy are filed under this section, within one business day following the closing of the applicable filing period, shall transmit to the public disclosure commission the information required in RCW 29.15.010 (1) through (4) for each declaration of candidacy filed in his or her office during such filing period or a list containing the name of each candidate who files such a declaration in his or her office during such filing period together with a precise identification of the position sought by each such candidate and the date on which each such declaration was filed. Such official, within three days following his or her receipt of any letter withdrawing a person's name as a candidate, shall also forward a copy of such withdrawal letter to the public disclosure commission.

Sec. 608   RCW 29.15.040 and 1987 c 110 s 2 are each reenacted to read as follows:
     DECLARATION -- FILING BY MAIL. 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. 609   RCW 29.15.050 and 1999 c 298 s 10 are each reenacted to read as follows:
     DECLARATION -- FEES AND PETITIONS. 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 nominating 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.

Sec. 610   RCW 29.15.060 and 1984 c 142 s 5 are each amended to read as follows:
     NOMINATING PETITION -- CONTENTS. The nominating petition authorized by RCW 29.15.050 shall be printed on sheets of uniform color and size, shall contain no more than twenty numbered lines, and ((shall)) must be in substantially the following form:


     ((WARNING


Any person who signs this petition with any other than his or her true name, or who knowingly (1) signs more than one petition for any single candidate, (2) signs the petition when he or she is not a legal voter, or (3) makes any false statement may be subject to fine, or imprisonment, or both.)) The warning prescribed by RCW 29.79.115; 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) .

((SignaturePrinted NameResidence AddressCityCounty
1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
etc.))   

     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. 611   RCW 29.15.070 and 1984 c 142 s 6 are each reenacted to read as follows:
     PETITIONS -- REJECTION -- ACCEPTANCE, CANVASS OF SIGNATURES -- JUDICIAL REVIEW. Nominating 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 nominating petition is filed. He or she shall additionally reject any signature that appears on the nominating 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.

Sec. 612   RCW 29.15.125 and 1994 c 223 s 7 are each reenacted to read as follows:
     NOTICE OF DATE FOR WITHDRAWAL. Each person who files a declaration of candidacy for an elected office of a city, town, or special district shall be given written notice of the date by which a candidate may withdraw his or her candidacy under RCW 29.15.120.

Sec. 613   RCW 29.15.120 and 1994 c 223 s 6 are each reenacted to read as follows:
     WITHDRAWAL OF CANDIDACY. 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 29.15.020 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 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. 614   RCW 29.15.160 and 1975-'76 2nd ex.s. c 120 s 9 are each reenacted to read as follows:
     VOID IN CANDIDACY -- EXCEPTION. A void in candidacy for a nonpartisan office occurs when an election for such office, except for the short term, has been scheduled and no valid declaration of candidacy has been filed for the position or all persons filing such valid declarations of candidacy have died or been disqualified.

Sec. 615   RCW 29.15.210 and 1972 ex.s. c 61 s 5 are each reenacted to read as follows:
     NOTICE OF VOID IN CANDIDACY. The election officer with whom declarations of candidacy are filed shall give notice of a void in candidacy for a nonpartisan office, by notifying press, radio, and television in the county and by such other means as may now or hereafter be provided by law. The notice shall state the office, and the time and place for filing declarations of candidacy.

Sec. 616   RCW 29.15.220 and 1972 ex.s. c 61 s 6 are each amended to read as follows:
     FILINGS TO FILL VOID IN CANDIDACY -- HOW MADE. Filings to fill a void in candidacy for nonpartisan office ((shall)) must be made in the same manner and with the same official as required during the regular filing period for such office((: PROVIDED)), except that nominating signature petitions ((which)) that may be required of candidates filing for certain district offices during the normal filing period ((shall)) may not be required of candidates filing during the special three-day filing period.

Sec. 617   RCW 29.15.170 and 2001 c 46 s 1 are each reenacted to read as follows:
     REOPENING OF FILING -- OCCURRENCES BEFORE SIXTH TUESDAY BEFORE PRIMARY. Filings for a nonpartisan office shall be reopened for a period of three normal business days, such three day period to be fixed by the election officer with whom such declarations of candidacy are filed and notice thereof given by notifying press, radio, and television in the county and by such other means as may now or hereafter be provided by law whenever before the sixth Tuesday prior to a primary:
     (1) A void in candidacy occurs;
     (2) A vacancy occurs in any nonpartisan office leaving an unexpired term to be filled by an election for which filings have not been held; or
     (3) A nominee for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29, Amendment 41 of the state Constitution, dies or is disqualified.
     Candidacies validly filed within said three-day period shall appear on the ballot as if made during the earlier filing period.

Sec. 618   RCW 29.15.180 and 2001 c 46 s 2 are each reenacted to read as follows:
     REOPENING OF FILING -- OCCURRENCES AFTER SIXTH TUESDAY BEFORE PRIMARY. 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 nominee for judge of the superior court eligible after a contested primary for a certificate of election by Article 4, section 29, Amendment 41 of the state Constitution, dies or is disqualified within the ten day period 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.

Sec. 619   RCW 29.15.190 and 2002 c 108 s 1 are each amended to read as follows:
     SCHEDULED ELECTION LAPSES, WHEN. A scheduled election shall be lapsed, the office deemed stricken from the ballot, no purported write-in votes counted, and no candidate certified as elected, when:
     (1) In an election for judge of the supreme court or superintendent of public instruction, 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 RCW 29.15.180, ((as now or hereafter amended,)) a nominee for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29, Amendment 41 of the state Constitution dies or is disqualified on or after the 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.

Sec. 620   RCW 29.15.200 and 1994 c 223 s 8 are each reenacted to read as follows:
     LAPSE OF ELECTION WHEN NO FILING FOR SINGLE POSITIONS -- EFFECT. If after both the normal filing period and special three day filing period as provided by RCW 29.15.170 and 29.15.180 have passed, no candidate has filed for any single city, town, or district position to be filled, the election for such position shall be deemed lapsed, the office deemed stricken from the ballot and no write-in votes counted. In such instance, the incumbent occupying such position shall remain in office and continue to serve until a successor is elected at the next election when such positions are voted upon.

Sec. 621   RCW 29.15.230 and 2001 c 46 s 3 are each reenacted to read as follows:
     VACANCY IN PARTISAN ELECTIVE OFFICE -- SPECIAL FILING PERIOD.
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.

Subpart 6.2
Write-in Candidates

Sec. 622   RCW 29.04.180 and 1999 c 157 s 1 are each amended to read as follows:
     WRITE-IN VOTING -- CANDIDATES, DECLARATION. Any person who desires to be a write-in candidate and have such votes counted at a primary or election may((, if the jurisdiction of the office sought is entirely within one county,)) file a declaration of candidacy with the ((county auditor)) officer designated in RCW 29.15.030 not later than the day before the primary or election. ((If the jurisdiction of the office sought encompasses more than one county the declaration of candidacy shall be filed with the secretary of state 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 29.15.050.
     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 29.18.160 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 ((applicable)) 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 RCW 29.15.010. No write-in candidate filing under RCW 29.04.180 may be included in any voter's pamphlet produced under chapter ((29.80)) 29.81 RCW (as recodified by this act) 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 29.81A RCW may provide, by ordinance, for the inclusion of write-in candidates in such pamphlets.

Sec. 623   RCW 29.04.190 and 1988 c 181 s 2 are each reenacted to read as follows:
     WRITE-IN CANDIDATES -- NOTICE TO AUDITORS, BALLOT COUNTERS. The secretary of state shall notify each county auditor of any declarations filed with the secretary under RCW 29.04.180 for offices appearing on the ballot in that county. The county auditor shall ensure that those persons charged with counting the ballots for a primary or election are notified of all valid write-in candidates before the tabulation of those ballots.

PART 7
VACANCIES

Sec. 701   RCW 29.18.150 and 1990 c 59 s 102 are each amended to read as follows:
     ON MAJOR PARTY TICKET CAUSED BY NO FILING--HOW
FILLED.
((Should)) If a place on the ticket of a major political party ((be)) is vacant because no person has filed for nomination as the candidate of that major political party, after the last day allowed for candidates to withdraw as provided by RCW 29.15.120, and if the vacancy is for a state or county office to be voted on solely by the electors of a single county, the county central committee of the major political party may select and certify a candidate to fill the vacancy((;)). If the vacancy is for any other office the state central committee of the major political party may select and certify a candidate to fill the vacancy((;)). The certificate must set forth the cause of the vacancy, the name of the person nominated, the office for which ((he)) the person is nominated, and other pertinent information required in an ordinary certificate of nomination and be filed in the proper office no later than the first Friday after the last day allowed for candidates to withdraw, together with the candidate's fee applicable to that office and a declaration of candidacy.

Sec. 702   RCW 29.18.160 and 2001 c 46 s 4 are each amended to read as follows:
     BY DEATH OR DISQUALIFICATION--HOW FILLED--CORRECTING BALLOTS--COUNTING VOTES ALREADY CAST. A vacancy caused by the death or disqualification of any candidate or nominee of a major or minor political party may be filled at any time up to and including the day prior to the election for that position. For state partisan offices in any political subdivision voted on solely by electors of a single county, an individual shall be appointed to fill such vacancy by the county central committee in the case of a major political party or by the state central committee or comparable governing body in the case of a minor political party. For other partisan offices, including federal or statewide offices, an individual shall be appointed to fill such vacancy by the state central committee or comparable governing body of the appropriate political party.
     ((Should such)) 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.
     ((Should such)) If the vacancy occurs after the sixth Tuesday prior to ((said)) 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, ((he)) the secretary shall, in certifying candidates or nominations to the various county officers insert the name of the person appointed to fill a vacancy.
     ((In the event that)) If the secretary of state has already sent forth ((his)) the certificate when the appointment to fill a vacancy is filed ((with him)), ((he)) 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 ((he)) the person is a candidate or nominee, the party ((he)) the person represents, and all other pertinent facts pertaining to the vacancy.

Sec. 703   RCW 29.68.070 and 1985 c 45 s 3 are each reenacted to read as follows:
     UNITED STATES SENATE--TEMPORARY APPOINTMENT. When a vacancy occurs in the representation of this state in the senate of the United States, the governor shall make a temporary appointment to that office until the people fill the vacancy by election as provided in this chapter.

Sec. 704   RCW 29.68.080 and 1990 c 59 s 105 are each amended to read as follows:
     CONGRESS--SPECIAL ELECTION. (1) Whenever a vacancy occurs in the ((office of)) United States house of representatives or the United States ((senator)) senate from this state ((or any congressional district of 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, 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 29.15.020 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.
     (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.
     (((6) As used in this chapter, "county" means, in the case of a vacancy in the office of United States senator, any or all of the counties in the state and, in the case of a vacancy in the office of United States representative, only those counties wholly or partly within the congressional district in which the vacancy has occurred.))

Sec. 705   RCW 29.68.100 and 1985 c 45 s 5 are each amended to read as follows:
     CONGRESS--NOTICES OF SPECIAL PRIMARY AND SPECIAL ELECTION. After calling a special primary and special vacancy election to fill a vacancy in the ((office of)) United States house of representatives or the United States ((senator)) 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 29.27.030 and 29.27.080 respectively.

Sec. 706   RCW 29.68.130 and 1985 c 45 s 7 are each amended to read as follows:
     CONGRESS--GENERAL, PRIMARY ELECTION LAWS TO APPLY--TIME DEADLINES, MODIFICATIONS. The general election laws and laws relating to partisan primaries shall apply to the special primaries and vacancy elections provided for in RCW 29.68.080 through ((29.68.120)) 29.68.100 (as recodified by 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 29.04.080.

NEW SECTION.  Sec. 707   PRECINCT COMMITTEE OFFICER. 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 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 29.42.030.

PART 8
VOTERS' PAMPHLETS
Subpart 8.1
State Voters' Pamphlet

Sec. 801   RCW 29.81.210 and 1999 c 260 s 1 are each reenacted to read as follows:
     PRINTING AND DISTRIBUTION. The secretary of state shall, whenever at least one statewide measure or office is scheduled to appear on the general election ballot, print and distribute a voters' pamphlet.
     The secretary of state shall distribute the voters' pamphlet to each household in the state, to public libraries, and to any other locations he or she deems appropriate. The secretary of state shall also produce taped or Braille transcripts of the voters' pamphlet, publicize their availability, and mail without charge a copy to any person who requests one.
     The secretary of state may make the material required to be distributed by this chapter available to the public in electronic form. The secretary of state may provide the material in electronic form to computer bulletin boards, print and broadcast news media, community computer networks, and similar services at the cost of reproduction or transmission of the data.

Sec. 802   RCW 29.04.035 and 1984 c 41 s 1 are each amended to read as follows:
     PROHIBITION AGAINST CAMPAIGN MATERIALS DECEPTIVELY SIMILAR TO VOTERS' PAMPHLET. No person or entity may publish or distribute any campaign material that is deceptively similar in design or appearance to a voters' pamphlet ((or candidates' pamphlet or combination thereof, which pamphlet or combination)) that was published by the secretary of state during the ten-year period ((prior to)) before the publication or distribution of the campaign material by the person or entity. The secretary of state shall take reasonable measures to prevent or to stop violations of this section. Such measures may include, among others, petitioning the superior court for a temporary restraining order or other appropriate injunctive relief. In addition, the secretary may request the superior court to impose a civil fine on a violator of this section. The court is authorized to levy on and recover from each violator a civil fine not to exceed the greater of: (1) Two dollars for each copy of the deceptive material distributed, or (2) one thousand dollars. In addition, the violator ((shall be)) is liable for the state's legal expenses and other costs resulting from the violation. Any funds recovered under this section ((shall)) must be transmitted to the state treasurer for deposit in the general fund.

Sec. 803   RCW 29.81.220 and 1999 c 260 s 2 are each reenacted to read as follows:
     CONTENTS. 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 29.81.250;
     (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. 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;
     (8) An application form for an absentee ballot;
     (9) A brief statement explaining the deletion and addition of language for proposed measures under RCW 29.81.260;
     (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.

Sec. 804   RCW 29.81.230 and 1999 c 260 s 3 are each reenacted to read as follows:
     EXPLANATORY STATEMENTS. (1) Explanatory statements prepared by the attorney general under RCW 29.81.250 (3) and (4) must be written in clear and concise language, avoiding legal and technical terms when possible, and filed with the secretary of state.
     (2) When the explanatory statement for a measure initiated by petition is filed with the secretary of state, the secretary of state shall immediately provide the text of the explanatory statement to the person proposing the measure and any others who have made written request for notification of the exact language of the explanatory statement. When the explanatory statement for a measure referred to the ballot by the legislature is filed with the secretary of state, the secretary of state shall immediately provide the text of the explanatory statement to the presiding officer of the senate and the presiding officer of the house of representatives and any others who have made written request for notification of the exact language of the explanatory statement.
     (3) A person dissatisfied with the explanatory statement may appeal to the superior court of Thurston County within five days of the filing date. A copy of the petition and a notice of the appeal must be served on the secretary of state and the attorney general. The court shall examine the measure, the explanatory statement, and objections, and may hear arguments. The court shall render its decision and certify to and file with the secretary of state an explanatory statement it determines will meet the requirements of this chapter.
     The decision of the superior court is final, and its explanatory statement is the established explanatory statement. The appeal must be heard without costs to either party.

Sec. 805   RCW 29.27.076 and 1967 c 96 s 3 are each amended to read as follows:
     NOTICE OF CONSTITUTIONAL AMENDMENTS AND STATE MEASURES -- EXPLANATORY
STATEMENT.
The attorney general shall, by the first day of July preceding each general election, prepare the explanatory statements required in RCW 29.27.074. Such statements shall be prepared in clear and concise language and shall avoid the use of legal and other technical terms insofar as possible. Any person dissatisfied with the explanatory statement so prepared may at any time within ten days from the filing thereof in the office of the secretary of state appeal to the superior court of Thurston county by petition setting forth the proposed state measure, the explanatory statement prepared by the attorney general, and his or her objection thereto and praying for the amendment thereof. A copy of the petition and a notice of such appeal shall be served on the secretary of state and the attorney general. The court shall, upon filing of the petition, examine the proposed state measure, the explanatory statement, and the objections thereto and may hear argument thereon and shall, as soon as possible, render its decision and certify to and file with the secretary of state such explanatory statement as it determines will meet the requirement of RCW 29.27.072 through 29.27.076. The decision of the superior court shall be final and its explanatory statement shall be the established explanatory statement. Such appeal shall be heard without costs to either party.

Sec. 806   RCW 29.81.240 and 1999 c 260 s 4 are each reenacted to read as follows:
     ARGUMENTS. Committees shall write and submit arguments advocating the approval or rejection of each statewide ballot issue and rebuttals of those arguments. The secretary of state, the presiding officer of the senate, and the presiding officer of the house of representatives shall appoint the initial two members of each committee. In making these committee appointments the secretary of state and presiding officers of the senate and house of representatives shall consider legislators, sponsors of initiatives and referendums, and other interested groups known to advocate or oppose the ballot measure.
     The initial two members may select up to four additional members, and the committee shall elect a chairperson. The remaining committee member or members may fill vacancies through appointment.
     After the committee submits its initial argument statements to the secretary of state, the secretary of state shall transmit the statements to the opposite committee. The opposite committee may then prepare rebuttal arguments. Rebuttals may not interject new points.
     The voters' pamphlet may contain only argument statements prepared according to this section. Arguments may contain graphs and charts supported by factual statistical data and pictures or other illustrations. Cartoons or caricatures are not permitted.

Sec. 807   RCW 29.81.250 and 2002 c 139 s 2 are each reenacted to read as follows:
     FORMAT, LAYOUT, CONTENTS. The secretary of state shall determine the format and layout of the voters' pamphlet. The secretary of state shall print the pamphlet in clear, readable type on a size, quality, and weight of paper that in the judgment of the secretary of state best serves the voters. The pamphlet must contain a table of contents. Federal and state offices must appear in the pamphlet in the same sequence as they appear on the ballot. Measures and arguments must be printed in the order specified by RCW 29.79.300.
     The voters' pamphlet must provide the following information for each statewide issue on the ballot:
     (1) The legal identification of the measure by serial designation or number;
     (2) The official ballot title of the measure;
     (3) A statement prepared by the attorney general explaining the law as it presently exists;
     (4) A statement prepared by the attorney general explaining the effect of the proposed measure if it becomes law;
     (5) The fiscal impact statement prepared under RCW 29.79.075;
     (6) The total number of votes cast for and against the measure in the senate and house of representatives, if the measure has been passed by the legislature;
     (7) An argument advocating the voters' approval of the measure together with any statement in rebuttal of the opposing argument;
     (8) An argument advocating the voters' rejection of the measure together with any statement in rebuttal of the opposing argument;
     (9) Each argument or rebuttal statement must be followed by the names of the committee members who submitted them, and may be followed by a telephone number that citizens may call to obtain information on the ballot measure;
     (10) The full text of each measure.

Sec. 808   RCW 29.81.260 and 1999 c 260 s 6 are each reenacted to read as follows:
     AMENDATORY STYLE. Statewide ballot measures that amend existing law must be printed in the voters' pamphlet so that language proposed for deletion is enclosed by double parentheses and has a line through it. Proposed new language must be underlined. A statement explaining the deletion and addition of language must appear as follows: "Any language in double parentheses with a line through it is existing state law and will be taken out of the law if this measure is approved by voters. Any underlined language does not appear in current state law but will be added to the law if this measure is approved by voters."

Sec. 809   RCW 29.81.280 and 1999 c 260 s 8 are each reenacted to read as follows:
     ARGUMENTS--REJECTION, DISPUTE. (1) If in the opinion of the secretary of state any argument or statement offered for inclusion in the voters' pamphlet in support of or opposition to a measure or candidate contains obscene matter or matter that is otherwise prohibited by law from distribution through the mail, the secretary may petition the superior court of Thurston County for a judicial determination that the argument or statement may be rejected for publication or edited to delete the matter. The court shall not enter such an order unless it concludes that the matter is obscene or otherwise prohibited for distribution through the mail.
     (2)(a) A person who believes that he or she may be defamed by an argument or statement offered for inclusion in the voters' pamphlet in support of or opposition to a measure or candidate may petition the superior court of Thurston County for a judicial determination that the argument or statement may be rejected for publication or edited to delete the defamatory statement.
     (b) The court shall not enter such an order unless it concludes that the statement is untrue and that the petitioner has a very substantial likelihood of prevailing in a defamation action.
     (c) An action under this subsection (2) must be filed and served no later than the tenth day after the deadline for the submission of the argument or statement to the secretary of state.
     (d) If the secretary of state notifies a person named or identified in an argument or statement of the contents of the argument or statement within three days after the deadline for submission to the secretary, then neither the state nor the secretary is liable for damages resulting from publication of the argument or statement unless the secretary publishes the argument or statement in violation of an order entered under this section. Nothing in this section creates a duty on the part of the secretary of state to identify, locate, or notify the person.
     (3) Parties to a dispute under this section may agree to resolve the dispute by rephrasing the argument or statement, even if the deadline for submission to the secretary has elapsed, unless the secretary determines that the process of publication is too far advanced to permit the change. The secretary shall promptly provide any such revision to any committee entitled to submit a rebuttal argument. If that committee has not yet submitted its rebuttal, its deadline to submit a rebuttal is extended by five days. If it has submitted a rebuttal, it may revise it to address the change within five days of the filing of the revised argument with the secretary.
     (4) In an action under this section the committee or candidate must be named as a defendant, and may be served with process by certified mail directed to the address contained in the secretary's records for that party. The secretary of state shall be a nominal party to an action brought under subsection (2) of this section, solely for the purpose of determining the content of the voters' pamphlet. The superior court shall give such an action priority on its calendar.

Sec. 810   RCW 29.81.290 and 1999 c 260 s 9 are each reenacted to read as follows:
     ARGUMENTS--PUBLIC INSPECTION. (1) An argument or statement submitted to the secretary of state for publication in the voters' pamphlet is not available for public inspection or copying until:
     (a) In the case of candidate statements, (i) all statements by all candidates who have filed for a particular office have been received, except those who informed the secretary that they will not submit statements, or (ii) the deadline for submission of statements has elapsed;
     (b) In the case of arguments supporting or opposing a measure, (i) the arguments on both sides have been received, unless a committee was not appointed for one side, or (ii) the deadline for submission of arguments has elapsed; and
     (c) In the case of rebuttal arguments, (i) the rebuttals on both sides have been received, unless a committee was not appointed for one side, or (ii) the deadline for submission of arguments has elapsed.
     (2) Nothing in this section prohibits the secretary from releasing information under RCW 29.81.280(2)(d).

Sec. 811   RCW 29.81.300 and 1999 c 260 s 10 are each reenacted to read as follows:
     PHOTOGRAPHS. All photographs of candidates submitted for publication must conform to standards established by the secretary of state by rule. No photograph may reveal clothing or insignia suggesting the holding of a public office.

Sec. 812   RCW 29.81.310 and 1999 c 260 s 11 are each amended to read as follows:
     CANDIDATES' STATEMENTS--LENGTH. (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 ((29.81.230)) 29.81.240 (as recodified by this act) 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 or nominees for each office.

Subpart 8.2
Local Voters' Pamphlet

Sec. 813   RCW 29.81A.010 and 1984 c 106 s 3 are each amended to read as follows:
     AUTHORIZATION--CONTENTS--FORMAT. At least ninety days before any primary or general election, or at least forty days before any special election held under RCW 29.13.010 or 29.13.020, the legislative authority of any county or first-class or code city may adopt an ordinance authorizing the publication and distribution of a local voters' pamphlet. The pamphlet shall provide information on all measures within that jurisdiction and may, if specified in the ordinance, include information on candidates within that jurisdiction. If both a county and a first-class or code city within that county authorize a local voters' pamphlet for the same election, the pamphlet shall be produced jointly by the county and the first-class or code city. If no agreement can be reached between the county and first-class or code city, the county and first-class or code city may each produce a pamphlet. Any ordinance adopted authorizing a local voters' pamphlet may be for a specific primary, special election, or general election or for any future primaries or elections. The format of any local voters' pamphlet shall, whenever applicable, comply with the provisions of ((chapters 29.80 and)) chapter 29.81 RCW regarding the publication of the state candidates' and voters' pamphlets.

Sec. 814   RCW 29.81A.020 and 1994 c 191 s 1 are each amended to read as follows:
     NOTICE OF PRODUCTION--LOCAL GOVERNMENTS' DECISION TO PARTICIPATE.
(1) Not later than ninety days before the publication and distribution of a local voters' pamphlet by a county, the county auditor shall notify each city, town, or special taxing district located wholly within that county that a pamphlet will be produced.
     (2) If a voters' pamphlet is published by the county for a primary or general election, the pamphlet shall be published for the elective offices and ballot measures of the county and for the elective offices and ballot measures of each unit of local government located entirely within the county which will appear on the ballot at that primary or election. However, the offices and measures of a first class or code city shall not be included in the pamphlet if the city publishes and distributes its own voters' pamphlet for the primary or election for its offices and measures. The offices and measures of any other town or city are not required to appear in the county's pamphlet if the town or city is obligated by ordinance or charter to publish and distribute a voters' pamphlet for the primary or election for its offices and measures and it does so.
     If the required appearance in a county's voters' pamphlet of the offices or measures of a unit of local government would create ((undo [undue])) undue financial hardship for the unit of government, the legislative authority of the unit may petition the legislative authority of the county to waive this requirement. The legislative authority of the county may provide such a waiver if it does so not later than sixty days before the publication of the pamphlet and it finds that the requirement would create such hardship.
     (3) If a city, town, or district is located within more than one county, the respective county auditors may enter into an interlocal agreement to permit the distribution of each county's local voters' pamphlet into those parts of the city, town, or district located outside of that county.
     (4) If a first-class or code city authorizes the production and distribution of a local voters' pamphlet, the city clerk of that city shall notify any special taxing district located wholly within that city that a pamphlet will be produced. Notification shall be provided in the manner required or provided for in subsection (1) of this section.
     (5) A unit of local government located within a county and the county may enter into an interlocal agreement for the publication of a voters' pamphlet for offices or measures not required by subsection (2) of this section to appear in a county's pamphlet.

Sec. 815   RCW 29.81A.030 and 1984 c 106 s 5 are each reenacted to read as follows:
     ADMINISTRATIVE RULES. The county auditor or, if applicable, the city clerk of a first-class or code city shall, in consultation with the participating jurisdictions, adopt and publish administrative rules necessary to facilitate the provisions of any ordinance authorizing production of a local voters' pamphlet. Any amendment to such a rule shall also be adopted and published. Copies of the rules shall identify the date they were adopted or last amended and shall be made available to any person upon request. One copy of the rules adopted by a county auditor and one copy of any amended rules shall be submitted to the county legislative authority. One copy of the rules adopted by a city clerk and one copy of any amended rules shall be submitted to the city legislative authority. These rules shall include but not be limited to the following:
     (1) Deadlines for decisions by cities, towns, or special taxing districts on being included in the pamphlet;
     (2) Limits on the length and deadlines for submission of arguments for and against each measure;
     (3) The basis for rejection of any explanatory or candidates' statement or argument deemed to be libelous or otherwise inappropriate. Any statements by a candidate shall be limited to those about the candidate himself or herself;
     (4) Limits on the length and deadlines for submission of candidates' statements;
     (5) An appeal process in the case of the rejection of any statement or argument.

Sec. 816   RCW 29.81A.040 and 1984 c 106 s 6 are each amended to read as follows:
     CONTENTS. The local voters' pamphlet 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, ((the jurisdictions that have measures or candidates in 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 and obtain an absentee ballot;
     (((3))) (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;
     (((4))) (5) The arguments for and against each measure submitted by committees selected pursuant to RCW 29.81A.080.

Sec. 817   RCW 29.81A.050 and 1984 c 106 s 7 are each reenacted to read as follows:
     CANDIDATES, WHEN INCLUDED. If the legislative authority of a county or first-class or code city provides for the inclusion of candidates in the local voters' pamphlet, the pamphlet shall include the statements from candidates and may also include those candidates' photographs.

Sec. 818   RCW 29.81A.060 and 1984 c 106 s 8 are each reenacted to read as follows:
     MAILING. As soon as practicable before the primary, special election, or general election, the county auditor, or if applicable, the city clerk of a first-class or code city, as appropriate, shall mail the local voters' pamphlet to every residence in each jurisdiction that has included information in the pamphlet. The county auditor or city clerk, as appropriate, may choose to mail the pamphlet to each registered voter in each jurisdiction that has included information in the pamphlet, if in his or her judgment, a more economical and effective distribution of the pamphlet would result. If the county or city chooses to mail the pamphlet to each residence, no notice of election otherwise required by RCW 29.27.080 need be published.

Sec. 819   RCW 29.81A.070 and 1984 c 106 s 9 are each reenacted to read as follows:
     COST. The cost of a local voters' pamphlet shall be considered an election cost to those local jurisdictions included in the pamphlet and shall be prorated in the manner provided in RCW 29.13.045.

Sec. 820   RCW 29.81A.080 and 1994 c 191 s 2 are each reenacted to read as follows:
     ARGUMENTS ADVOCATING APPROVAL AND DISAPPROVAL--PREPARATION BY COMMITTEES. For each measure from a unit of local government that is included in a local voters' pamphlet, the legislative authority of that jurisdiction shall, not later than forty-five days before the publication of the pamphlet, formally appoint a committee to prepare arguments advocating voters' approval of the measure and shall formally appoint a committee to prepare arguments advocating voters' rejection of the measure. The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection. Each committee shall have not more than three members, however, a committee may seek the advice of any person or persons. If the legislative authority of a unit of local government fails to make such appointments by the prescribed deadline, the county auditor shall whenever possible make the appointments.

PART 9
BALLOTS AND OTHER VOTING FORMS

Sec. 901   RCW 29.27.020 and 1990 c 59 s 8 are each reenacted to read as follows:
     CERTIFYING PRIMARY CANDIDATES. On or before the day following the last day for political parties to fill vacancies in the ticket as provided by RCW 29.18.150, the secretary of state shall certify to each county auditor a list of the candidates who have filed declarations of candidacy in his or her office for the primary. For each office, the certificate shall include the name of each candidate, his or her address, and his or her party designation, if any.

Sec. 902   RCW 29.27.057 and 2000 c 197 s 7 are each reenacted to read as follows:
     CONSTITUTIONAL MEASURES--BALLOT TITLE--FORMULATION, BALLOT DISPLAY, CERTIFICATION. (1) When a proposed constitutional amendment is to be submitted to the people of the state for statewide popular vote, the ballot title consists of: (a) A statement of the subject of the amendment; (b) a concise description of the amendment; and (c) a question in the form prescribed in this section. The statement of the subject of a constitutional amendment must be sufficiently broad to reflect the nature of the amendment, sufficiently precise to give notice of the amendment's subject matter, and not exceed ten words. The concise description must contain no more than thirty words, give a true and impartial description of the amendment's essential contents, clearly identify the amendment to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the amendment.
     The ballot title for a proposed constitutional amendment must be displayed on the ballot substantially as follows:

"The legislature has proposed a constitutional amendment on (statement of subject). This amendment would (concise description). Should this constitutional amendment be:


     Approved . . . . . . . . . . . .
     Rejected . . . . . . . . . . . . "

     (2) When a proposed new constitution is submitted to the people of the state by a constitutional convention for statewide popular vote, the ballot title consists of: (a) A concise description of the new constitution; and (b) a question in the form prescribed in this section. The concise description must contain no more than thirty words, give a true and impartial description of the new constitution's essential contents, clearly identify the proposed constitution to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the new constitution.
     The ballot title for a proposed new constitution must be displayed on the ballot substantially as follows:

"The constitutional convention approved a new proposed state constitution that (concise description). Should this proposed constitution be:


     Approved . . . . . . . . . . . .
     Rejected . . . . . . . . . . . . "

     (3) The legislature may specify the statement of subject or concise description, or both, in a constitutional amendment that it submits to the people. If the legislature fails to specify the statement of subject or concise description, or both, the attorney general shall prepare the material that was not specified. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal.
     The attorney general shall specify the concise description for a proposed new constitution that is submitted to the people by a constitutional convention, and the concise description as so provided must be included as part of the ballot title unless changed on appeal.
     (4) The secretary of state shall certify to the county auditors the ballot title for a proposed constitution, constitutional amendment, or other statewide question at the same time and in the same manner as the ballot titles to initiatives and referendums.

Sec. 903   RCW 29.27.061 and 2000 c 197 s 8 are each reenacted to read as follows:
     CONSTITUTIONAL MEASURES -- BALLOT TITLE -- FILING. The ballot title for a constitutional amendment or proposed constitution must be filed with the secretary of state in the same manner as the ballot title and summary for a state initiative or referendum are filed.

Sec. 904   RCW 29.27.065 and 2000 c 197 s 9 are each reenacted to read as follows:
     CONSTITUTIONAL, STATEWIDE QUESTIONS -- NOTICE OF BALLOT TITLE AND SUMMARY. Upon the filing of a ballot title under RCW 29.27.057 or 29.27.0653, the secretary of state shall provide notice of the exact language of the ballot title and summary to the chief clerk of the house of representatives, the secretary of the senate, and the prime sponsor of measure.

Sec. 905   RCW 29.27.0653 and 2000 c 197 s 10 are each reenacted to read as follows:
     STATEWIDE QUESTION -- BALLOT TITLE -- FORMULATION, BALLOT DISPLAY. (1) If the legislature submits a question to the people for a statewide popular vote that is not governed by RCW 29.79.035 or 29.27.057, the ballot title on the question consists of: (a) A description of the subject; and (b) a question in the form prescribed in this section. The statement of the subject of the question must be sufficiently broad to reflect the subject of the question, sufficiently precise to give notice of the question's subject matter, and not exceed ten words. The question must contain no more than thirty words.
     The ballot title for such a question must be displayed on the ballot substantially as follows:

"The following question concerning (description of subject) has been submitted to the voters: (Question as submitted).


     Yes . . . . . . . . . . . .
     No . . . . . . . . . . . . "

     (2) The legislature may specify the statement of subject for a question and shall specify the question that it submits to the people. If the legislature fails to specify the statement of subject, the attorney general shall prepare the statement of subject. The statement of subject and question as so provided must be included as part of the ballot title unless changed on appeal.

Sec. 906   RCW 29.27.0655 and 2000 c 197 s 11 are each reenacted to read as follows:
     CONSTITUTIONAL, STATEWIDE QUESTIONS -- BALLOT TITLE -- APPEAL. If any persons are dissatisfied with the ballot title for a proposed constitution, constitutional amendment, or question submitted under RCW 29.27.0653, they may at any time within ten days from the time of the filing of the ballot title and summary, not including Saturdays, Sundays, or legal holidays, appeal to the superior court of Thurston county by petition setting forth the measure, the ballot title objected to, their objections to it, and praying for amendment of the ballot title. The time of the filing of the ballot title, as used in this section for establishing the time for appeal, is the time the ballot title is first filed with the secretary of state.
     A copy of the petition on appeal together with a notice that an appeal has been taken must be served upon the secretary of state, the attorney general, the chief clerk of the house of representatives, and the secretary of the senate. Upon the filing of the petition on appeal, the court shall immediately, or at the time to which a hearing may be adjourned by consent of the appellants, examine the proposed measure, the ballot title filed, and the objections to it and may hear arguments on it, and shall as soon as possible render its decision and certify to and file with the secretary of state a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title so certified will be the established ballot title. The appeal must be heard without cost to either party.

Sec. 907   RCW 29.27.066 and 2000 c 197 s 12 are each reenacted to read as follows:
     LOCAL MEASURES--BALLOT TITLE -- FORMULATION -- ADVERTISING. (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 29.79.035, 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 nominees 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.

Sec. 908   RCW 29.27.0665 and 2000 c 197 s 13 are each reenacted to read as follows:
     LOCAL MEASURES -- BALLOT TITLE -- NOTICE. Upon the filing of a ballot title of a question to be submitted to the people of a county or municipality, the county auditor shall provide notice of the exact language of the ballot title to the persons proposing the measure, the county or municipality, and to any other person requesting a copy of the ballot title.

Sec. 909   RCW 29.27.067 and 2000 c 197 s 14 are each reenacted to read as follows:
     LOCAL MEASURES -- BALLOT TITLE -- APPEAL. If any persons are dissatisfied with the ballot title for a local ballot measure that was formulated by the city attorney or prosecuting attorney preparing the same, they may at any time within ten days from the time of the filing of the ballot title, not including Saturdays, Sundays, and legal holidays, appeal to the superior court of the county where the question is to appear on the ballot, by petition setting forth the measure, the ballot title objected to, their objections to it, and praying for amendment of it. The time of the filing of the ballot title, as used in this section in determining the time for appeal, is the time the ballot title is first filed with the county auditor.
     A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the county auditor and the official preparing the ballot title. Upon the filing of the petition on appeal, the court shall immediately, or at the time to which a hearing may be adjourned by consent of the appellants, examine the proposed measure, the ballot title filed, and the objections to it and may hear arguments on it, and shall as soon as possible render its decision and certify to and file with the county auditor a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title or statement so certified will be the established ballot title. The appeal must be heard without cost to either party.

Sec. 910   RCW 29.30.005 and 1990 c 59 s 93 are each amended to read as follows:
     NAMES ON PRIMARY BALLOT. 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 ((have)), under this title, filed ((for nomination under chapter 29.18 RCW and those)) a declaration of candidacy, were certified as a candidate to fill a vacancy on a major party ticket, or were nominated as an independent ((candidates and candidates of)) or minor ((political parties who have been nominated under chapter 29.24 RCW shall)) party candidate will appear on the appropriate ballot at the primary throughout the jurisdiction in which they are to be nominated.

Sec. 911   RCW 29.30.010 and 1990 c 59 s 10 are each reenacted to read as follows:
     UNIFORMITY, ARRANGEMENT, CONTENTS REQUIRED. Every ballot for a single combination of issues and offices shall 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. 912   RCW 29.30.020 and 2001 c 30 s 5 are each reenacted to read as follows:
     ORDER OF OFFICES AND ISSUES -- PARTY INDICATION. (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 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 primary and 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 29.24 RCW has been timely filed.

Sec. 913   RCW 29.30.025 and 1990 c 59 s 80 are each reenacted to read as follows:
     ORDER OF CANDIDATES ON BALLOTS. 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 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 29.15.150 or 29.21.015, the names shall appear on the general election ballot in the order determined by lot.

Sec. 914   RCW 29.30.040 and 1990 c 59 s 94 are each reenacted to read as follows:
     PRIMARIES -- ROTATING NAMES OF CANDIDATES. At primaries, the names of candidates for federal, state, and county partisan offices, for the office of superintendent of public instruction, and for judicial offices shall, for each office or position, be arranged initially in the order determined under RCW 29.30.025. Additional sets of ballots shall be prepared in which the positions of the names of all candidates for each office or position shall be changed as many times as there are candidates in the office or position in which there are the greatest number of names. As nearly as possible an equal number of ballots shall be prepared after each change. In making the changes of position between each set of ballots, the candidates for each such office in the first position under the office heading shall be moved to the last position under that office heading, and each other name shall be moved up to the position immediately above its previous position under that office heading. The effect of this rotation of the order of the names shall be that the name of each candidate for an office or position shall appear first, second, and so forth for that office or position on the ballots of a nearly equal number of registered voters in that jurisdiction. In a precinct using voting devices, the names of the candidates for each office shall appear in only one sequence in that precinct. The names of candidates for city, town, and district office on the ballot at the primary shall not be rotated.

Sec. 915   RCW 29.30.060 and 1991 c 363 s 33 are each reenacted to read as follows:
     SAMPLE BALLOTS. 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. 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 ballot for the general election, but the names of candidates for the individual positions need not be shown.

Sec. 916   RCW 29.30.081 and 1990 c 59 s 13 are each amended to read as follows:
     ARRANGEMENT OF INSTRUCTIONS, MEASURES, OFFICES -- ORDER OF CANDIDATES -- NUMBERING OF BALLOTS. (1) On the top of each ballot there ((shall)) will be printed instructions directing the voters how to mark the ballot, including write-in votes. After the instructions and before the offices ((shall be placed)), 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.
     (2) The candidate or candidates of the major political party ((which)) 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 ((shall)) will appear first following the appropriate office heading, the candidate or candidates of the other major political parties ((shall)) 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 ((shall)) 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 ((shall)) must be grouped together with a single response position for a voter to indicate his or her choice.
     (4) All paper ballots and ballot cards ((shall)) 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. 917   RCW 29.30.085 and 1992 c 181 s 2 are each reenacted to read as follows:
     NONPARTISAN CANDIDATES QUALIFIED FOR GENERAL ELECTION. (1) Except as provided in RCW 29.30.086 and in subsection (2) of this section, on the ballot at the general election for a nonpartisan office for which a primary was held, only the names of the candidate who received the greatest number of votes and the candidate who received the next greatest number of votes for that office shall appear under the title of that office, and the names shall appear in that order. If a primary was conducted, no candidate's name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast for that office at the preceding primary. On the ballot at the general election for any other nonpartisan office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW 29.30.025.
     (2) On the ballot at the general election for the office of justice of the supreme court, judge of the court of appeals, judge of the superior court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that office or position, only the name of that candidate may be printed under the title of the office for that position.

Sec. 918   RCW 29.30.086 and 1992 c 181 s 1 are each reenacted to read as follows:
     DISQUALIFIED CANDIDATES IN NONPARTISAN ELECTIONS -- SPECIAL PROCEDURES. This section applies if a candidate for an elective office of a city, town, or special purpose district would, under this chapter, otherwise qualify to have his or her name printed on the general election ballot for the office, but the candidate has been declared to be unqualified to hold the office by a court of competent jurisdiction.
     (1) In a case in which a primary is conducted for the office:
     (a) If ballots for the general election for the office have not been ordered by the county auditor, the candidate who received the third greatest number of votes for the office at the primary shall qualify as a candidate for general election and that candidate's name shall be printed on the ballot for the office in lieu of the name of the disqualified candidate.
     (b) If general election ballots for the office have been so ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office.
     (2) In a case in which a primary is not conducted for the office:
     (a) If ballots for the general election for the office have not been ordered by the county auditor, the name of the disqualified candidate shall not appear on the general election ballot for the office.
     (b) If general election ballots for the office have been so ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office.
     (3) If the disqualified candidate is the only candidate to have filed for the office during a regular or special filing period for the office, a void in candidacy for the office exists.

Sec. 919   RCW 29.30.095 and 1990 c 59 s 96 are each reenacted to read as follows:
     PARTISAN CANDIDATES QUALIFIED FOR GENERAL ELECTION. 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. 920   RCW 29.30.101 and 1999 c 298 s 11 are each reenacted to read as follows:
     NAMES QUALIFIED TO APPEAR ON BALLOT. The names of the persons certified as nominees by the secretary of state or the county canvassing board shall be printed on the ballot at the ensuing election.
     No name of any candidate whose nomination at a primary is required by law shall be placed upon the ballot at a general or special election unless it appears upon the certificate of either (1) the secretary of state, or (2) the county canvassing board, or (3) a minor party convention or the state or county central committee of a major political party to fill a vacancy on its ticket under RCW 29.18.160.
     Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, a candidate's name shall not appear more than once upon a ballot for a position regularly nominated or elected at the same election.

Sec. 921   RCW 29.30.111 and 1999 c 224 s 2 are each reenacted to read as follows:
     PROPERTY TAX LEVIES -- BALLOT PROPOSITION FORM. (1) The ballot proposition authorizing a taxing district to impose the regular property tax levies authorized in RCW 36.69.145, 67.38.130, or 84.52.069 shall contain in substance the following:
     "Shall the . . . . . . (insert the name of the taxing district) be authorized to impose regular property tax levies of . . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation for each of . . . . . . (insert the maximum number of years allowable) consecutive years?
     Yes. . . . . . . . . . . . □
     No . . . . . . . . . . . . □"
     Each voter shall indicate either "Yes" or "No" on his or her ballot in accordance with the procedures established under this title.
     (2) The ballot proposition authorizing a taxing district to impose a permanent regular tax levy under RCW 84.52.069 shall contain the following:
     "Shall the . . . . . (insert the name of the taxing district) be authorized to impose a PERMANENT regular property levy of . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation?
     Yes. . . . . . . . . . . . □
     No . . . . . . . . . . . . □"

Sec. 922   RCW 29.30.130 and 1990 c 59 s 16 are each reenacted to read as follows:
     EXPENSE OF PRINTING AND DISTRIBUTING BALLOT MATERIALS. The cost of printing ballots, ballot cards, and instructions and the delivery of this material to the precinct election officers shall be an election cost that shall be borne as determined under RCW 29.13.045 and 29.13.047, as appropriate.

PART 10
ABSENTEE VOTING

Sec. 1001   RCW 29.36.210 and 2001 c 241 s 1 are each reenacted to read as follows:
     WHEN PERMITTED. Any registered voter of the state or any out-of-state voter, overseas voter, or service voter may vote by absentee ballot in any general election, special election, or primary in the manner provided in this chapter. Out-of-state voters, overseas voters, and service voters are authorized to cast the same ballots, including those for special elections, as a registered voter of the state would receive under this chapter.

Sec. 1002   RCW 29.36.220 and 2001 c 241 s 2 are each amended to read as follows:
     REQUEST FOR SINGLE ABSENTEE BALLOT. (1) Except as otherwise provided by law, a registered voter or out-of-state voter, overseas voter, or service voter desiring to cast an absentee ballot at a single election or primary must request the absentee ballot from his or her county auditor no earlier than ninety days nor later than the day before the election or primary at which the person seeks to vote. Except as otherwise provided by law, the request may be made orally in person, by telephone, electronically, or in writing. An application or request for an absentee ballot made under the authority of a federal statute or regulation will be considered and given the same effect as a request for an absentee ballot under this chapter.
     (2) A voter requesting an absentee ballot for a primary may also request an absentee ballot for the following general election. A request by an out-of-state voter, overseas voter, or service voter for an absentee ballot for a primary election will be considered as a request for an absentee ballot for the following general election.
     (3) In requesting an absentee ballot, the voter shall state the address to which the absentee ballot should be sent. A request for an absentee ballot from an out-of-state voter, overseas voter, or service voter must include the address of the last residence in the state of Washington and either a written application or the oath on the return envelope must include a declaration of the other qualifications of the applicant as an elector of this state. A request for an absentee ballot from any other voter must state the address at which that voter is currently registered to vote in the state of Washington or the county auditor shall verify that information from the voter registration records of the county.
     (4) A request for an absentee ballot from a registered voter who is within this state must be made directly to the auditor of the county in which the voter is registered. An absentee ballot request from a registered voter who is temporarily outside this state or from an out-of-state voter, overseas voter, or service voter may be made either to the appropriate county auditor or to the secretary of state, who shall promptly forward the request to the appropriate county auditor.
     (5) No person, organization, or association may distribute absentee ballot applications within this state that contain a return address other than that of the appropriate county auditor.

Sec. 1003   RCW 29.36.230 and 2001 c 241 s 3 are each reenacted to read as follows:
     REQUEST ON BEHALF OF FAMILY MEMBER. A member of a registered voter's family may request an absentee ballot on behalf of and for use by the voter. As a means of ensuring that a person who requests an absentee ballot is requesting the ballot for only that person or a member of the person's immediate family, an auditor may require a person who requests an absentee ballot to identify the date of birth of the voter for whom the ballot is requested and deny a request that is not accompanied by this information.

Sec. 1004   RCW 29.36.240 and 2001 c 241 s 4 are each reenacted to read as follows:
     ONGOING ABSENTEE STATUS -- REQUEST -- TERMINATION. Any registered voter may apply, in writing, for status as an ongoing absentee voter. Each qualified applicant shall automatically receive an absentee ballot for each ensuing election or primary for which the voter is entitled to vote and need not submit a separate request for each election. Ballots received from ongoing absentee voters shall be validated, processed, and tabulated in the same manner as other absentee ballots.
     Status as an ongoing absentee voter shall be terminated upon any of the following events:
     (1) The written request of the voter;
     (2) The death or disqualification of the voter;
     (3) The cancellation of the voter's registration record;
     (4) The return of an ongoing absentee ballot as undeliverable; or
     (5) Upon placing a voter on inactive status under RCW 29.10.071.

Sec. 1005   RCW 29.36.250 and 2001 c 241 s 5 are each amended to read as follows:
     SPECIAL ABSENTEE BALLOTS. (1) As provided in this section, county auditors shall provide special absentee ballots to be used for state primary or state general elections. An auditor shall provide a special absentee ballot only to a registered voter who completes an application stating that she or he will be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided for regular absentee ballots.
     The application for a special absentee ballot may not be filed earlier than ninety days before the applicable state primary or general election. The special absentee ballot will list the offices and measures, if known, scheduled to appear on the state primary or general election ballot. The voter may use the special absentee ballot to write in the name of any eligible candidate for each office and vote on any measure.
     (2) With any special absentee ballot issued under this section, the county auditor shall include a listing of any candidates who have filed before the time of the application for offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application.
     (3) Write-in votes on special absentee ballots must be counted in the same manner provided by law for the counting of other write-in votes. The county auditor shall process and canvass the special absentee ballots provided under this section in the same manner as other absentee ballots under ((chapters 29.36)) this chapter and chapter 29.62 RCW (as recodified by this act).
     (4) A voter who requests a special absentee ballot under this section may also request an absentee ballot under RCW 29.36.220(4). If the regular absentee ballot is properly voted and returned, the special absentee ballot is void, and the county auditor shall reject it in whole when special absentee ballots are canvassed.

Sec. 1006   RCW 29.36.260 and 2001 c 241 s 6 are each amended to read as follows:
     ISSUANCE OF BALLOT AND OTHER MATERIALS. (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' ((and candidates')) 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.

Sec. 1007   RCW 29.36.270 and 1987 c 54 s 1 are each reenacted to read as follows:
     DATE BALLOTS READY. Except where a recount or litigation under RCW 29.04.030 is pending, the county auditor shall have sufficient absentee ballots ready to mail to absentee voters of that county at least twenty days before any primary, general election, or special election.

Sec. 1008   RCW 29.36.280 and 2001 c 241 s 7 are each reenacted to read as follows:
     DELIVERY OF BALLOT, QUALIFICATIONS FOR. The delivery of an absentee ballot for any primary or election shall be subject to the following qualifications:
     (1) Only the registered voter personally, or a member of the registered voter's immediate family may pick up an absentee ballot for the voter at the office of the issuing officer unless the voter is a resident of a health care facility, as defined by RCW 70.37.020(3), on election day and applies by messenger for an absentee ballot. In this latter case, the messenger may pick up the voter's absentee ballot.
     (2) Except as noted in subsection (1) of this section, the issuing officer shall mail or deliver the absentee ballot directly to each applicant.

Sec. 1009   RCW 29.36.290 and 2001 c 241 s 8 are each reenacted to read as follows:
     ENVELOPES AND INSTRUCTIONS. 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. 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, 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. 1010   RCW 29.36.300 and 2001 c 241 s 9 are each reenacted to read as follows:
     OBSERVERS. County auditors must request that observers be appointed by the major political parties to be present during the processing of absentee ballots. The absence of the observers will not prevent the processing of absentee ballots if the county auditor has requested their presence.

Sec. 1011   RCW 29.36.310 and 2001 c 241 s 10 are each reenacted to read as follows:
     PROCESSING INCOMING BALLOTS. (1) The opening and subsequent processing of return envelopes for any primary or election may begin on or after the tenth day before the primary or election. The tabulation of absentee ballots must not commence until after 8:00 p.m. on the day of the primary or election.
     (2) After opening the return envelopes, the county canvassing board shall place all of the ballots in secure storage until after 8:00 p.m. of the day of the primary or election. Absentee ballots that are to be tabulated on an electronic vote tallying system may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation.
     (3) Before opening a returned absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature on the return envelope that contains the security envelope and absentee ballot. They shall verify that the voter's signature on the return envelope is the same as the signature of that voter in the registration files of the county. For registered voters casting absentee ballots, the date on the return envelope to which the voter has attested determines the validity, as to the time of voting for that absentee ballot if the postmark is missing or is illegible. For out-of-state voters, overseas voters, and service voters, the date on the return envelope to which the voter has attested determines the validity as to the time of voting for that absentee ballot. For any absentee ballot, a variation between the signature of the voter on the return envelope and the signature of that voter in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same.

Sec. 1012   RCW 29.36.320 and 2001 c 241 s 11 are each reenacted to read as follows:
     REPORT OF COUNT. The absentee ballots must be reported at a minimum on a congressional and legislative district basis. Absentee ballots may be counted by congressional or legislative district or by individual precinct, except as required under RCW 29.62.090(2).
     These returns must be added to the total of the votes cast at the polling places.

Sec. 1013   RCW 29.36.340 and 1991 c 81 s 33 are each reenacted to read as follows:
     RECORD OF REQUESTS -- PUBLIC ACCESS. Each county auditor shall maintain in his or her office, open for public inspection, a record of the requests he or she has received for absentee ballots under this chapter.
     The information from the requests shall be recorded and lists of this information shall be available no later than twenty-four hours after their receipt.
     This information about absentee voters shall be available according to the date of the requests and by legislative district. It shall include the name of each applicant, the address and precinct in which the voter maintains a voting residence, the date on which an absentee ballot was issued to this voter, if applicable, the type of absentee ballot, and the address to which the ballot was or is to be mailed, if applicable.
     The auditor shall make copies of these records available to the public for the actual cost of production or copying.

Sec. 1014   RCW 29.36.350 and 2001 c 241 s 13 are each reenacted to read as follows:
     CHALLENGES. The qualifications of any absentee voter may be challenged at the time the signature on the return envelope is verified and the ballot is processed by the canvassing board. The board has the authority to determine the legality of any absentee ballot challenged under this section. Challenged ballots must be handled in accordance with chapter 29.10 RCW.

Sec. 1015   RCW 29.36.360 and 1993 c 417 s 7 are each amended to read as follows:
     ((The secretary of state shall adopt rules to:
     (1) Establish standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of absentee ballots and mail ballots;
     (2) Establish standards and procedures to guarantee the secrecy of absentee ballots and mail ballots;
     (3) Provide uniformity among the counties of the state in the conduct of absentee voting and mail ballot elections; and
     (4) Facilitate the operation of the provisions of this chapter regarding out-of-state voters, overseas voters, and service voters.
))
     The secretary of state shall produce and furnish envelopes and instructions for out-of-state voters, overseas voters, and service voters to the county auditors.

PART 11
POLLING PLACE ELECTIONS AND POLL WORKERS
Subpart 11.1
General Provisions

Sec. 1101   RCW 29.51.010 and 1990 c 59 s 39 are each reenacted to read as follows:
     INTERFERENCE WITH VOTER PROHIBITED. No person may interfere with a voter in any way within the polling place. This does not prevent the voter from receiving assistance in preparing his or her ballot as provided in RCW 29.51.200.

Sec. 1102   RCW 29.51.125 and 1977 ex.s. c 361 s 83 are each amended to read as follows:
     DETERMINATION OF WHO HAS AND WHO HAS NOT VOTED. 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((: PROVIDED, That such)). The lists ((shall)) must be furnished by the party or committee concerned.

Sec. 1103   RCW 29.51.180 and 1990 c 59 s 47 are each reenacted to read as follows:
     TAKING PAPERS INTO VOTING BOOTH. Any voter may take into the voting booth or voting device any printed or written material to assist in casting his or her vote. The voter shall not use this material to electioneer and shall remove the material when he or she leaves the polls.

Sec. 1104   RCW 29.51.190 and 1990 c 59 s 48 are each reenacted to read as follows:
     OFFICIAL BALLOTS -- VOTE ONLY ONCE -- INCORRECTLY MARKED BALLOTS. No ballots may be used in any polling place other than those prepared by the county auditor. No voter is entitled to vote more than once at a primary or a general or special election, except that if a voter incorrectly marks a ballot, he or she may return it and be issued a new ballot. The precinct election officers shall void the incorrectly marked ballot and return it to the county auditor.

Sec. 1105   RCW 29.54.037 and 1999 c 158 s 10 are each reenacted to read as follows:
     BALLOT PICK UP, DELIVERY, AND TRANSPORTATION. (1) At the direction of the county auditor, a team or teams composed of a representative of at least two major political parties shall stop at designated polling places and pick up the sealed containers of voted, untallied ballots for delivery to the counting center. There may be more than one delivery from each polling place. Two precinct election officials, representing two major political parties, shall seal the voted ballots in containers furnished by the county auditor and properly identified with his or her address with uniquely prenumbered seals.
     (2) At the counting center or the collection stations where the sealed ballot containers are delivered by the designated representatives of the major political parties, the county auditor or a designated representative of the county auditor shall receive the sealed ballot containers, record the time, date, precinct name or number, and seal number of each ballot container.

Sec. 1106   RCW 29.48.010 and 1999 c 158 s 4 are each reenacted to read as follows:
     VOTING BOOTHS. The county auditor shall provide in each polling place a sufficient number of voting booths or voting devices along with any supplies necessary to enable the voter to mark or register his or her choices on the ballot and within which the voters may cast their votes in secrecy.

Sec. 1107   RCW 29.13.080 and 1973 c 78 s 1 are each reenacted to read as follows:
     OPENING AND CLOSING POLLS. At all primaries and elections, general or special, in all counties the polls must be kept open from seven o'clock a.m. to eight o'clock p.m. All qualified electors who are at the polling place at eight o'clock p.m., shall be allowed to cast their votes.

Sec. 1108   RCW 29.51.240 and 1990 c 59 s 50 are each reenacted to read as follows:
     POLLS OPEN CONTINUOUSLY -- ANNOUNCEMENT OF CLOSING. The polls for a precinct shall remain open continuously until the time specified under RCW 29.13.080. At that time, the precinct election officers shall announce that the polls for that precinct are closed.

Sec. 1109   RCW 29.51.185 and 1987 c 346 s 13 are each amended to read as follows:
     DOUBLE VOTING PROHIBITED. A registered voter shall not be allowed to vote in the precinct in which he or she is registered at any election or primary for which that voter has cast an absentee ballot. A registered voter who has requested an absentee ballot for a primary or special or general election but chooses to vote at the voter's precinct polling place in that primary or election shall cast a provisional ballot ((in the manner prescribed by RCW 29.10.127 for challenged ballots)). The canvassing board shall not count the ballot if it finds that the voter has also voted by absentee ballot in that primary or election.

Subpart 11.2
Procedures

Sec. 1110   RCW 29.48.030 and 1990 c 59 s 36 are each reenacted to read as follows:
     DELIVERY OF SUPPLIES. No later than the day before a primary or election, the county auditor shall provide to the inspector or one of the judges of each precinct or to one of the inspectors of a polling place where more than one precinct will be voting, all of the ballots, precinct lists of registered voters, and other supplies necessary for conducting the election or primary.

Sec. 1111   RCW 29.07.170 and 1994 c 57 s 19 are each reenacted to read as follows:
     DELIVERY OF PRECINCT LISTS TO POLLS. Upon closing of the registration files preceding an election, the county auditor shall deliver the precinct lists of registered voters to the inspector or one of the judges of each precinct or group of precincts located at the polling place before the polls open.

Sec. 1112   RCW 29.48.035 and 1977 ex.s. c 361 s 82 are each amended to read as follows:
     ADDITIONAL SUPPLIES FOR PAPER BALLOTS. In precincts where votes are cast on paper ballots, the following supplies, in addition to those specified in RCW 29.48.030 ((as now or hereafter amended, shall)), must be provided:
     (1) Two tally books in which the names of the candidates ((shall)) will be listed in the order in which they appear on the sample ballots and in each case have the proper party designation 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. 1113   RCW 29.57.130 and 1999 c 298 s 17 are each reenacted to read as follows:
     VOTING AND REGISTRATION INSTRUCTIONS AND INFORMATION. (1) Each county auditor shall provide voting and registration instructions, printed in large type, to be conspicuously displayed at each polling place and permanent registration facility.
     (2) The county auditor shall make information available for deaf persons throughout the state by telecommunications.

Sec. 1114   RCW 29.48.020 and 1977 ex.s. c 361 s 80 are each reenacted to read as follows:
     TIME FOR ARRIVAL OF OFFICERS. The precinct election officers for each precinct shall meet at the designated polling place at the time set by the county auditor.

Sec. 1115   RCW 29.48.070 and 1990 c 59 s 37 are each reenacted to read as follows:
     INSPECTION OF VOTING EQUIPMENT. Before opening the polls for a precinct, the voting equipment shall be inspected to determine if it has been properly prepared for voting. If the voting equipment is capable of direct tabulation of each voter's choices, the precinct election officers shall verify that no votes have been registered for any issue or office to be voted on at that primary or election. Any ballot box shall be carefully examined by the judges of election to determine that it is empty. The ballot box shall then be sealed or locked. The ballot box shall not be opened before the certification of the primary or election except in the manner and for the purposes provided under this title.

Sec. 1116   RCW 29.48.090 and 1965 c 9 s 29.48.090 are each reenacted to read as follows:
     DISPLAY OF FLAG. At all primaries and elections the flag of the United States shall be conspicuously displayed in front of each polling place.

Sec. 1117   RCW 29.48.100 and 1990 c 59 s 38 are each reenacted to read as follows:
     ANNOUNCEMENT OPENING THE POLLS. The precinct election officers, immediately before they start to issue ballots or permit a voter to vote, shall announce at the place of voting that the polls for that precinct are open.

Sec. 1118   RCW 29.51.150 and 1990 c 59 s 45 are each reenacted to read as follows:
     VOTING DEVICES -- PERIODIC EXAMINATION. The precinct election officers shall periodically examine the voting devices to determine if they have been tampered with.

Sec. 1119   RCW 29.51.050 and 1990 c 59 s 40 are each amended to read as follows:
     ISSUING BALLOT TO VOTER -- CHALLENGE. 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 ((shall)) must be issued a ballot or permitted to enter a voting booth or to operate a voting device. The number of the ballot or the voter ((shall)) must be recorded by the precinct election officers. If the right of the voter to participate is challenged, RCW 29.10.125 and 29.10.127 apply to that voter.

Sec. 1120   RCW 29.51.060 and 1990 c 59 s 41 are each amended to read as follows:
     SIGNATURE REQUIRED TO VOTE -- PROCEDURE IF VOTER UNABLE TO SIGN
NAME.
((If any person appears)) Any person desiring to vote at any primary or election ((as a registered voter in the jurisdiction where the primary or election is being held, the precinct election officers shall require the voter)) is required to sign his or her name ((and current address subject to penalties of perjury in one of)) on the appropriate precinct list((s)) of registered voters. If the ((person)) voter registered using a mark, or can no longer sign his or her name, the election officers shall require the ((person offering to vote)) voter to be identified by another registered voter.
     ((As soon as it is determined that the person is qualified to vote, one of)) The precinct election officers shall ((enter)) then record the voter's name ((in a second poll book)).

Sec. 1121   RCW 29.51.100 and 1990 c 59 s 43 are each amended to read as follows:
     CASTING VOTE. On signing the precinct list of registered voters or being issued a ballot, the voter shall, without leaving the polling place, proceed to one of the voting booths or voting devices to cast his or her vote. ((If the voter was issued a ballot)) When the voter has finished, he or she shall either (1) remove the ((number)) numbered stub from the ballot, place the ballot in the ballot box, and return the number to the precinct election officers, or ((shall)) (2) deliver ((it)) the entire ballot to the precinct election officers, who shall remove the ((number)) numbered stub from the ballot and place the ballot in the ballot box.

Sec. 1122   RCW 29.51.070 and 1990 c 59 s 42 are each reenacted to read as follows:
     RECORD OF PARTICIPATION. 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. The precinct election officers shall record the voter's name so that a separate record is kept.

Sec. 1123   RCW 29.51.200 and 1981 c 34 s 1 are each amended to read as follows:
     DISABLED VOTERS. Voting shall be secret except to the extent necessary to assist sensory or physically ((handicapped)) disabled voters.
     If any voter declares in the presence of the election officers that because of sensory or physical ((handicap)) disability he or she is unable to register or record his or her vote, he or she may designate a person of his or her choice or two election officers from opposite political parties to enter the voting machine booth with him or her and record his or her vote as he or she directs.

Sec. 1124   RCW 29.54.018 and 1990 c 59 s 54 are each amended to read as follows:
     TABULATION OF PAPER BALLOTS BEFORE CLOSE OF POLLS. (1) Paper ballots may be tabulated at the precinct polling place before the closing of the polls ((under rules adopted by the secretary of state)). The tabulation of ballots, paper or otherwise, shall be open to the public, but no persons except those employed and authorized by the county auditor may touch a ballot card or ballot container or operate vote tallying equipment.
     (2) The results of the tabulation of paper ballots at the polls shall be delivered to the county auditor as soon as the tabulation is complete.

Sec. 1125   RCW 29.51.250 and 1990 c 59 s 51 are each reenacted to read as follows:
     VOTERS IN POLLING PLACE AT CLOSING TIME. If at the time of closing the polls, there are any voters in the polling place who have not voted, they shall be allowed to vote after the polls have been closed.

Sec. 1126   RCW 29.54.010 and 1990 c 59 s 52 are each amended to read as follows:
     UNUSED BALLOTS. At each precinct immediately after the last qualified voter has cast his or her vote, the precinct election officers shall ((identify and seal)) render unusable and secure in a container all unused ballots for that precinct and ((seal them in a container to be returned)) return them to the county auditor.

Sec. 1127   RCW 29.54.015 and 1990 c 59 s 53 are each amended to read as follows:
     DUTIES OF ELECTION OFFICERS AFTER SECURING BALLOTS. Immediately after the ((close of the polls and the completion of voting)) unused ballots are secure, the precinct election officers shall count the number of voted ballots and make a record of any discrepancy between this number and the number of voters who signed the poll book for that precinct or polling place, complete the certifications in the poll book, prepare the ballots for transfer to the counting center if necessary, and seal the voting devices.

Sec. 1128   RCW 29.07.180 and 1994 c 57 s 20 are each reenacted to read as follows:
     RETURN OF PRECINCT LISTS AFTER ELECTION -- PUBLIC RECORDS. The precinct list of registered voters for each precinct or group of precincts delivered to the precinct election officers for use on the day of an election held in that precinct shall be returned by them to the county auditor upon the completion of the count of the votes cast in the precinct at that election. While in possession of the county auditor they shall be open to public inspection under such reasonable rules and regulations as may be prescribed therefor.

Subpart 11.3
Poll-site Ballot Counting Devices

Sec. 1129   RCW 29.48.080 and 1999 c 158 s 6 are each reenacted to read as follows:
     INITIALIZATION. In precincts where poll-site ballot counting devices are used the election officers, before initializing the device for voting, shall proceed as follows:
     (1) They shall see that the device is placed where it can be conveniently attended by the election officers and conveniently operated by the voters;
     (2) They shall see whether the number or other designating mark on the device's seal agrees with the control number provided by the elections department. If they do not agree they shall at once notify the elections department and delay initializing the device. The polls may be opened pending reexamination of the device;
     (3) If the numbers do agree, they shall proceed to initialize the device and see whether the public counter registers "000." If the counter is found to register a number other than "000," one of the judges shall at once set the counter at "000" and confirm that the ballot box is empty;
     (4) Before processing any ballots through a poll-site ballot counting device a zero report must be produced. The inspector and at least one of the judges shall carefully verify that zero ballots have been run through the poll-site ballot counting device and that all vote totals for each office are zero. If the totals are not zero, the inspector shall either reset the device to zero or contact the elections department to reset the device and allow voting to continue using the auxiliary or emergency device.

Sec. 1130   RCW 29.48.045 and 1999 c 158 s 5 are each reenacted to read as follows:
     DELIVERY AND SEALING. Whenever poll-site ballot counting devices are used, the devices may either be included with the supplies required in RCW 29.48.030 or they may be delivered to the polling place separately. All poll-site ballot counting devices must be sealed with a unique numbered seal at the time of final preparation and logic and accuracy testing. A log must be made of all seal numbers and device numbers used.

Sec. 1131   RCW 29.54.093 and 1999 c 158 s 11 are each reenacted to read as follows:
     MEMORY PACKS. The programmed memory pack for each poll-site ballot counting device must be sealed into the device during final preparation and logic and accuracy testing. Except in the case of a device breakdown, the memory pack must remain sealed in the device until after the polls have closed and all reports and telephonic or electronic transfer of results are completed. After all reporting is complete the precinct election officers responsible for transferring the sealed voted ballots under RCW 29.54.075 shall ensure that the memory pack is returned to the elections department. If the entire poll-site ballot counting device is returned, the memory pack must remain sealed in the device. If the poll-site ballot counting device is to remain at the polling place, the precinct election officer shall break the seal on the device and remove the memory pack and seal and return it along with the irregularly voted ballots and special ballots to the elections department on election day.

Sec. 1132   RCW 29.51.115 and 1999 c 158 s 7 are each reenacted to read as follows:
     INCORRECTLY MARKED BALLOTS. Each poll-site ballot counting device must be programmed to return all blank ballots and overvoted ballots to the voter for private reexamination. The election officer shall take whatever steps are necessary to ensure that the secrecy of the ballot is maintained. The precinct election officer shall provide information and instruction on how to properly mark the ballot. The voter may remark the original ballot, may request a new ballot under RCW 29.51.190, or may choose to complete a special ballot envelope and return the ballot as a special ballot.

Sec. 1133   RCW 29.51.155 and 1999 c 158 s 8 are each reenacted to read as follows:
     FAILURE OF DEVICE. If a poll-site ballot counting device fails to operate at any time during polling hours, voting must continue, and the ballots must be deposited for later tabulation in a secure ballot compartment separate from the tabulated ballots.

Subpart 11.4
Poll Workers

Sec. 1134   RCW 29.45.010 and 1991 c 106 s 1 are each amended to read as follows:
     APPOINTMENT OF JUDGES AND INSPECTOR. (1) At least ten days prior to any primary or election, general or special, the county auditor shall appoint one inspector and two judges of election for each precinct (or each combination of precincts temporarily consolidated as a single precinct for that primary or election), other than those precincts designated as vote-by-mail precincts pursuant to RCW ((29.36.120)) 29.38.010 (as recodified by this act). Except as provided in subsection (3) of this section, the persons appointed shall be among those whose names are contained on the lists furnished under RCW 29.45.030 by the chairpersons of the county central committees of the political parties entitled to representation thereon. Such precinct election officers, whenever possible, should be residents of the precinct in which they serve.
     (2) The county auditor may delete from the lists of names submitted to the auditor by the chairpersons of the county central committees under RCW 29.45.030: (a) The names of those persons who indicate to the auditor that they cannot or do not wish to serve as precinct election officers for the primary or election or who otherwise cannot so serve; and (b) the names of those persons who lack the ability to conduct properly the duties of an inspector or judge of election after training in that proper conduct has been made available to them by the auditor. The lists which are submitted to the auditor in a timely manner under RCW 29.45.030, less the deletions authorized by this subsection, constitute the official nomination lists for inspectors and judges of election.
     (3) If the number of persons whose names are on the official nomination list for a political party is not sufficient to satisfy the requirements of subsection (4) of this section as it applies to that political party or is otherwise insufficient to provide the number of precinct election officials required from that political party, the auditor shall notify the chair of the party's county central committee regarding the deficiency. The chair may, within five business days of being notified by the auditor, add to the party's nomination list the names of additional persons belonging to that political party who are qualified to serve on the election boards. To the extent that, following this procedure, the number of persons whose names appear on the official nomination lists of the political parties is insufficient to provide the number of election inspectors and judges required for a primary or election, the auditor may appoint a properly trained person whose name does not appear on such a list as an inspector or judge of election for a precinct.
     (4) The county auditor shall designate the inspector and one judge in each precinct from that political party which polled the highest number of votes in the county for its candidate for president at the last preceding presidential election and one judge from that political party polling the next highest number of votes in the county for its candidate for president at the same election. The provisions of this subsection apply only if the number of names on the official nomination list for inspectors and judges of election for a political party is sufficient to satisfy the requirements imposed by this subsection.
     (5) Except as provided in RCW 29.45.040 for the filling of vacancies, this shall be the exclusive method for the appointment of inspectors and judges to serve as precinct election officers at any primary or election, general or special, and shall supersede the provisions of any and all other statutes, whether general or special in nature, having different requirements.

Sec. 1135   RCW 29.45.020 and 1965 ex.s. c 101 s 2 are each amended to read as follows:
     APPOINTMENT OF CLERKS -- PARTY REPRESENTATION -- HOUR TO REPORT. At the same time the officer having jurisdiction of the election appoints the inspector and two judges as provided in RCW 29.45.010, he or she may appoint one or more persons to act as clerks if in his or her judgment such additional persons are necessary, except that in precincts in which voting machines are used, the judges of election shall perform the duties required to be performed by clerks.
     Each clerk appointed shall represent a major political party((: PROVIDED, That)). The political party representation of a single set of precinct election officers shall, whenever possible, be equal but, in any event, no single political party shall be represented by more than a majority of one at each polling place.
     The election officer having jurisdiction of the election may designate at what hour the clerks shall report for duty. The hour may vary among the precincts according to the judgment of the appointing officer.

Sec. 1136   RCW 29.45.030 and 1991 c 106 s 2 are each amended to read as follows:
     NOMINATION. The precinct committee officer of each major political party shall certify to the officer's county chair a list of those persons belonging to the officer's political party qualified to act upon the election board in the officer's precinct.
     By the first day of June each year, the chair of the county central committee of each major political party shall certify to the officer having jurisdiction of the election a list of those persons belonging to the county chair's political party in each precinct who are qualified to act on the election board therein.
     The county chair shall compile this list from the names certified by the various precinct committee officers unless no names or not (([a])) a sufficient (([number of])) number of names have been certified from a precinct, in which event the county chair may include therein the names of qualified members of the county chair's party selected by the county chair. The county chair shall also have the authority to substitute names of persons recommended by the precinct committee officers if in the judgment of the county chair such persons are not qualified to serve as precinct election officers.

Sec. 1137   RCW 29.45.040 and 1965 c 9 s 29.45.040 are each reenacted to read as follows:
     VACANCIES -- HOW FILLED -- INSPECTOR'S AUTHORITY. If no election officers have been appointed for a precinct, or if at the hour for opening the polls none of those appointed is present at the polling place therein, the voters present may appoint the election board for that precinct. One of the judges may perform the duties of clerk of election. The inspector shall have the power to fill any vacancy that may occur in the board of judges, or by absence or refusal to serve of either of the clerks after the polls shall have been opened.

Sec. 1138   RCW 29.45.050 and 1994 c 223 s 91 are each amended to read as follows:
     ONE SET OF PRECINCT ELECTION OFFICERS, EXCEPTIONS -- COUNTING BOARD--RECEIVING BOARD. There shall be but one set of election officers at any one time in each precinct except as provided in this section.
     In every precinct using paper ballots having two hundred or more registered voters there shall be appointed, and in every precinct having less than two hundred registered voters there may be appointed, at a state primary or state general election, two or more sets of precinct election officers as provided in RCW 29.04.020 and 29.45.010. The officer in charge of the election may appoint one or more counting boards at his or her discretion, when he or she decides that because of a long or complicated ballot or because of the number of expected voters, there is need of additional counting board or boards to improve the speed and accuracy of the count.
     In making such appointments, one or more sets of precinct election officers shall be designated as the counting board or boards, the first of which shall consist of an inspector, two judges, and a clerk and the second set, if activated, shall consist of two judges and two clerks. The duties of the counting board or boards shall be the count of ballots cast and the return of the election records and supplies to the officer having jurisdiction of the election.
     One set of precinct election officers shall be designated as the receiving board which shall have all other powers and duties imposed by law for such elections. Nothing in this section prevents the county auditor from appointing relief or replacement precinct election officers at any time during election day. Relief or replacement precinct election officers must be of the same political party as the officer they are relieving or replacing.

Sec. 1139   RCW 29.45.060 and 1990 c 59 s 74 are each reenacted to read as follows:
     DUTIES -- GENERALLY. The inspector and judges of election in each precinct shall conduct the elections therein and receive, deposit, and count the ballots cast thereat and make returns to the proper canvassing board or officer except that when two or more sets of precinct election officers are appointed as provided in RCW 29.45.050, the ballots shall be counted by the counting board or boards as provided in RCW 29.54.015, 29.54.018, and 29.85.225.

Sec. 1140   RCW 29.45.065 and 1973 c 102 s 5 are each reenacted to read as follows:
     APPLICATION TO OTHER PRIMARIES OR ELECTIONS. All of the provisions of RCW 29.45.050 and 29.45.060 relating to counting boards may be applied on an optional basis to any other primary or election, regular or special, at the discretion of the officer in charge of the election.

Sec. 1141   RCW 29.45.070 and 1965 c 9 s 29.45.070 are each amended to read as follows:
     INSPECTOR AS CHAIR -- AUTHORITY. The inspector shall be ((chairman)) the chair of the board and after its organization ((shall have power to)) administer all necessary oaths ((which)) that may be required in the progress of the election.

Sec. 1142   RCW 29.45.080 and 1965 c 9 s 29.45.080 are each reenacted to read as follows:
     OATHS OF OFFICERS REQUIRED. The inspector, judges, and clerks of election, before entering upon the duties of their offices, shall take and subscribe the prescribed oath or affirmation which shall be administered to them by any person authorized to administer oaths and verified under the hand of the person by whom such oath or affirmation is administered. If no such person is present, the inspector shall administer the same to the judges and clerks, and one of the judges shall administer the oath to the inspector.
     The county auditor shall furnish two copies of the proper form of oath to each precinct election officer, one copy thereof, after execution, to be placed and transmitted with the election returns.

Sec. 1143   RCW 29.45.090 and 1965 c 9 s 29.45.090 are each reenacted to read as follows:
     OATH OF INSPECTORS, FORM. The following shall be the form of the oath or affirmation to be taken by each inspector:
     "I, A B, do swear (or affirm) that I will duly attend to the ensuing election, during the continuance thereof, as an inspector, and that I will not receive any ballot or vote from any person other than such as I firmly believe to be entitled to vote at such election, without requiring such evidence of the right to vote as is directed by law; nor will I vexatiously delay the vote of, or refuse to receive, a ballot from any person whom I believe to be entitled to vote; but that I will in all things truly, impartially, and faithfully perform my duty therein to the best of my judgment and abilities; and that I am not, directly nor indirectly, interested in any bet or wager on the result of this election."

Sec. 1144   RCW 29.45.100 and 1965 c 9 s 29.45.100 are each reenacted to read as follows:
     OATH OF JUDGES, FORM. The following shall be the oath or affirmation of each judge:
     "We, A B, do swear (or affirm) that we will as judges duly attend the ensuing election, during the continuance thereof, and faithfully assist the inspector in carrying on the same; that we will not give our consent to the receipt of any vote or ballot from any person, other than one whom we firmly believe to be entitled to vote at such election; and that we will make a true and perfect return of the said election and will in all things truly, impartially, and faithfully perform our duty respecting the same to the best of our judgment and abilities; and that we are not directly nor indirectly interested in any bet or wager on the result of this election."

Sec. 1145   RCW 29.45.110 and 1965 c 9 s 29.45.110 are each reenacted to read as follows:
     OATH OF CLERKS, FORM. The following shall be the form of the oath to be taken by the clerks:
     "We, and each of us, A B, do swear (or affirm) that we will impartially and truly write down the name of each elector who votes at the ensuing election, and also the name of the county and precinct wherein the elector resides; that we will carefully and truly write down the number of votes given for each candidate at the election as often as his name is read to us by the inspector and in all things truly and faithfully perform our duty respecting the same to the best of our judgment and abilities, and that we are not directly nor indirectly interested in any bet or wager on the result of this election."

Sec. 1146   RCW 29.45.120 and 1971 ex.s. c 124 s 2 are each amended to read as follows:
     COMPENSATION. The fees of officers of election shall be as follows:
     To the judges and clerks of an election not less than the minimum hourly wage per hour as provided under RCW 49.46.020 ((as now or hereafter amended)), the exact amount to be fixed by the respective boards of county commissioners for each county. To inspectors, the rate paid to judges and clerks plus an additional two hours' compensation. The precinct election officer picking up the election supplies and returning the election returns to the county auditor shall be entitled to additional compensation, the exact amount to be determined by the respective boards of county commissioners for each county.

PART 12
VOTE BY MAIL BALLOTS

Sec. 1201   RCW 29.38.010 and 2001 c 241 s 15 are each reenacted to read as follows:
     MAIL BALLOT PRECINCTS. The county auditor may designate any precinct having fewer than two hundred active registered voters at the time of closing of voter registration as provided in RCW 29.07.160 as a mail ballot precinct. The county auditor shall notify each registered voter by mail that for all future primaries and elections the voting in his or her precinct will be by mail ballot only. In determining the number of registered voters in a precinct for the purposes of this section, persons who are ongoing absentee voters under RCW 29.36.240 shall not be counted. Nothing in this section may be construed as altering the vote tallying requirements of RCW 29.62.090.
     As soon as ballots are available, the county auditor shall mail or deliver a ballot and an envelope, preaddressed to the issuing officer, to each active registered voter. The auditor shall send each inactive voter either a ballot or an application to receive a ballot. The auditor shall determine which of the two is to be sent. If the inactive voter returns a voted ballot, the ballot shall be counted and the voter's status restored to active. If the inactive voter completes and returns an application, a ballot shall be sent and the voter's status restored to active.
     If the precinct exceeds two hundred registered voters, or the auditor determines to return to a polling place election environment, the auditor shall notify each registered voter, by mail, of this and shall provide the address of the polling place to be used.

Sec. 1202   RCW 29.38.020 and 2001 c 241 s 16 are each reenacted to read as follows:
     SPECIAL ELECTIONS. At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the special election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.
     For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than twenty days before the date of such election, make available to each registered voter a mail ballot. The auditor shall handle inactive voters in the same manner as inactive voters in mail ballot precincts.

Sec. 1203   RCW 29.38.030 and 2001 c 241 s 17 are each reenacted to read as follows:
     ODD-YEAR PRIMARIES. 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. 1204   RCW 29.38.040 and 2001 c 241 s 18 are each amended to read as follows:
     DEPOSITING BALLOTS -- REPLACEMENT BALLOTS. (1) If a county auditor conducts an election by mail, the county auditor shall designate one or more places for the deposit of ballots not returned by mail. The places designated under this section shall be open on the date of the election for a period of thirteen hours, beginning at 7:00 a.m. and ending at 8:00 p.m.
     (2) A registered voter may obtain a replacement ballot as provided in this subsection ((if the ballot is destroyed, damaged, lost, or not received by the voter)). A voter may request a replacement mail ballot in person, by mail, by telephone, or by other electronic transmission for himself or herself and for any member of his or her immediate family. The request must be received by the auditor before 8:00 p.m. on election day. The county auditor shall keep a record of each replacement ballot issued, including the date of the request. Replacement mail ballots may be counted in the final tabulation of ballots only if the original ballot is not received by the county auditor and the replacement ballot meets all requirements for tabulation necessary for the tabulation of regular mail ballots.

Sec. 1205   RCW 29.38.050 and 2001 c 241 s 19 are each reenacted to read as follows:
     RETURN OF VOTED BALLOT. The voter shall return the ballot to the county auditor in the return identification envelope. If mailed, a ballot must be postmarked not later than the date of the primary or election. Otherwise, the ballot must be deposited at the office of the county auditor or the designated place of deposit not later than 8:00 p.m. on the date of the primary or election.

Sec. 1206   RCW 29.38.060 and 2001 c 241 s 20 are each amended to read as follows:
     BALLOT CONTENTS--COUNTING. All mail ballots authorized by RCW 29.38.010 or 29.38.020 or 29.38.030 must contain the same offices, names of nominees or candidates, and propositions to be voted upon, including precinct offices, as if the ballot had been voted in person at the polling place. Except as otherwise provided by law, mail ballots must be treated in the same manner as absentee ballots issued at the request of the voter. If electronic vote tallying devices are used, political party observers must be given the opportunity to be present, and a test of the equipment must be performed as required by RCW 29.33.350 before tabulating ballots. Political party observers may select at random ballots to be counted manually as provided by RCW 29.54.025. ((Any violation of the secrecy of the count is subject to the same penalties as provided for in RCW 29.85.225.))

PART 13
PRIMARIES AND ELECTIONS
Subpart 13.1
General

Sec. 1301   RCW 29.15.150 and 1973 c 4 s 3 are each reenacted to read as follows:
     ELECTIONS TO FILL UNEXPIRED TERM -- NO PRIMARY, WHEN. 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.

Subpart 13.2
Partisan Primaries

Sec. 1302   RCW 29.18.010 and 1990 c 59 s 78 are each reenacted to read as follows:
     APPLICATION OF CHAPTER. Candidates for the following offices shall be nominated at partisan primaries held pursuant to the provisions of this chapter:
     (1) Congressional offices;
     (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.

Sec. 1303   RCW 29.18.120 and 1990 c 59 s 87 are each reenacted to read as follows:
     GENERAL ELECTION LAWS GOVERN PRIMARIES. So far as applicable, the provisions of this title relating to conducting general elections shall govern the conduct of primaries.

Sec. 1304   RCW 29.18.200 and 1990 c 59 s 88 are each reenacted to read as follows:
     BLANKET PRIMARY AUTHORIZED. Except as provided otherwise in chapter 29.19 RCW, all properly registered voters may vote for their choice at any primary held under this title, for any candidate for each office, regardless of political affiliation and without a declaration of political faith or adherence on the part of the voter.

Subpart 13.3
Nonpartisan Primaries

Sec. 1305   RCW 29.21.010 and 1990 c 59 s 89 are each reenacted to read as follows:
     LOCAL PRIMARIES. All city and town primaries shall be nonpartisan. Primaries for special purpose districts, except those districts that require ownership of property within the district as a prerequisite to voting, shall be nonpartisan. City, town, and district primaries shall be held as provided in RCW 29.13.070.
     The purpose of this section is to establish the holding of a primary, subject to the exemptions in RCW 29.21.015, as a uniform procedural requirement to the holding of city, town, and district elections. These provisions supersede any and all other statutes, whether general or special in nature, having different election requirements.

Sec. 1306   RCW 29.21.015 and 1998 c 19 s 1 are each reenacted to read as follows:
     WHEN NO LOCAL PRIMARY PERMITTED -- PROCEDURE. (1) No primary may be held for any single position in any city, town, district, or district court, as required by RCW 29.21.010, if, after the last day allowed for candidates to withdraw, there are no more than two candidates filed for the position. The county auditor shall, as soon as possible, notify all the candidates so affected that the office for which they filed will not appear on the primary ballot.
     (2) No primary may be held for the office of commissioner of a park and recreation district or for the office of cemetery district commissioner.
     (3) Names of candidates for offices that do not appear on the primary ballot shall be printed upon the general election ballot in the manner specified by RCW 29.30.025.

Sec. 1307   RCW 29.21.070 and 1990 c 59 s 91 are each reenacted to read as follows:
     NONPARTISAN OFFICES SPECIFIED. 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.
     All city, town, and special purpose district elective offices shall be nonpartisan and the candidates therefor shall be nominated and elected as such.

Sec. 1308   RCW 29.21.410 and 1972 ex.s. c 61 s 7 are each amended to read as follows:
     SPECIAL ELECTION TO FILL UNEXPIRED TERM. Whenever it ((shall be)) is necessary to hold a special election to fill an unexpired term of an elective office of any city, town, or district, ((such)) the special election ((shall)) must be held in concert with the next general election ((which)) that is to be held by the respective city, town, or district concerned for the purpose of electing officers to full terms((: PROVIDED, That)). This section ((shall)) does not apply to any city of the first class whose charter provision relating to elections to fill unexpired terms are inconsistent ((herewith)) with this section.

Subpart 13.4
Notices and Certificates

Sec. 1309   RCW 29.27.030 and 1965 c 9 s 29.27.030 are each amended to read as follows:
     NOTICE OF PRIMARY. Not more than ten nor less than three days ((prior to)) before the primary ((election)) the county auditor shall publish notice of such primary in one or more newspapers of general circulation within the county. ((Said)) The notice ((shall)) 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 ((election)), the hours during which the polls will be open, and ((that the election will be held in the regular)) the polling places ((in)) for each precinct, giving the address of each polling place((: PROVIDED, That)). The names of all candidates for nonpartisan offices ((shall)) must be published separately with designation of the offices for which they are candidates but without party designation. This ((shall be)) is the only notice required for the holding of any primary ((election)).

Sec. 1310   RCW 29.27.050 and 1990 c 59 s 9 are each reenacted to read as follows:
     CERTIFICATION OF NOMINEES. 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.

Sec. 1311   RCW 29.27.072 and 1997 c 405 s 1 are each reenacted to read as follows:
     NOTICE OF CONSTITUTIONAL AMENDMENTS AND STATE MEASURES --
METHOD.
Subject to the availability of funds appropriated specifically for that purpose, the secretary of state shall publish notice of the proposed constitutional amendments and other state measures that are to be submitted to the people at a state general election up to four times during the four weeks immediately preceding that election in every legal newspaper in the state. The secretary of state shall supplement this publication with an equivalent amount of radio and television advertisements.

Sec. 1312   RCW 29.27.074 and 1997 c 405 s 2 are each reenacted to read as follows:
     NOTICE OF CONSTITUTIONAL AMENDMENTS AND STATE MEASURES -- CONTENTS.
The newspaper and broadcast notice required by Article XXIII, section 1, of the state Constitution and RCW 29.27.072 may set forth all or some of the following information:
     (1) A legal identification of the state measure to be voted upon.
     (2) The official ballot title of such state measure.
     (3) A brief statement explaining the constitutional provision or state law as it presently exists.
     (4) A brief statement explaining the effect of the state measure should it be approved.
     (5) The total number of votes cast for and against the measure in both the state senate and house of representatives.
     No individual candidate or incumbent public official may be referred to or identified in these notices or advertisements.

Sec. 1313   RCW 29.27.080 and 1999 c 4 s 1 are each amended to read as follows:
     NOTICE OF ELECTION -- CERTIFICATION OF MEASURES. (((1))) Except as provided in RCW 29.81A.060, notice for any state, county, district, or municipal election, whether special or general, ((shall)) must be given by at least one publication not more than ten nor less than three days ((prior to)) 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. ((Said)) The legal notice ((shall)) must contain the title of each office under the proper party designation, the names and addresses of all officers who have been nominated 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 ((that the election will be held in the regular)) the polling places ((in)) for each precinct, giving the address of each polling place((: PROVIDED, That)). The names of all candidates for nonpartisan offices ((shall)) must be published separately with designation of the offices for which they are candidates but without party designation. This ((shall be)) is the only notice required for a state, county, district, or municipal general or special election and ((shall)) 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.
     (((2) All school district elections held on February 5, 1980, at which the number and proportion of persons required by law voted to authorize bonds or tax levies, are hereby validated regardless of any failure to publish notice of such election. No action challenging the validity of any such election may be brought later than April 15, 1980, or thirty days from June 12, 1980, whichever is later. Notice of provisions of this subsection shall be published within five days after February 28, 1980, in a newspaper of general circulation within each county where a school district election was held on February 5, 1980, and where notice of such election was not published as provided in subsection (1) of this section.
     (3) All school district elections held on May 19, 1998, at which the number and proportion of persons required by law voted to authorize bonds or tax levies, are hereby validated regardless of any failure to publish notice of such election. No action challenging the validity of any such election may be brought later than thirty days after January 29, 1999. Notice of provisions of this subsection shall be published within five days after January 29, 1999, in a newspaper of general circulation within each county where a school district election was held on May 19, 1998, and where notice of such election was not published as provided in subsection (1) of this section.
))

Sec. 1314   RCW 29.27.100 and 1965 c 9 s 29.27.100 are each amended to read as follows:
     CERTIFICATES OF ELECTION TO OFFICERS ELECTED IN SINGLE COUNTY OR LESS. Immediately after the ascertainment of the result of an election for an office to be filled by the voters of a single county, or of a precinct, or of a constituency within a county for which ((he)) the county auditor serves as supervisor of elections, the county auditor shall notify the person elected, and ((upon his demand)) issue to ((him)) the person a certificate of ((his)) election.

Sec. 1315   RCW 29.27.110 and 1965 c 9 s 29.27.110 are each amended to read as follows:
     CERTIFICATES OF ELECTION TO OTHER OFFICERS. Except as provided in the state Constitution, the governor shall issue certificates of election to those elected as senator or representative in the Congress of the United States and to state offices. The secretary of state shall issue certificates of election to those elected to the office of judge of the superior court in judicial districts comprising more than one county and to those elected to either branch of the state legislature in legislative districts comprising more than one county.

PART 14
SPECIAL CIRCUMSTANCES ELECTIONS
Subpart 14.1
Presidential Primary

Sec. 1401   RCW 29.19.010 and 1989 c 4 s 1 are each amended to read as follows:
     INTENT. The people of the state of Washington declare that:
     (1) The current presidential nominating caucus system in Washington state is unnecessarily restrictive of voter participation in that it discriminates against the elderly, the infirm, women, the ((handicapped)) disabled, evening workers, and others who are unable to attend caucuses and therefore unable to fully participate in this most important quadrennial event that occurs in our democratic system of government.
     (2) It is the intent of this chapter to make the presidential selection process more open and representative of the will of the people of our state.
     (3) A presidential primary will afford the maximum opportunity for voter access at regular polling places during the daytime and evening hours convenient to the most people.
     (4) This state's participation in the selection of presidential candidates shall be in accordance with the will of the people as expressed in a presidential preference primary.
     (5) It is the intent of this chapter, to the maximum extent practicable, to continue to reserve to the political parties the right to conduct their delegate selection as prescribed by party rules insofar as it reflects the will of the people as expressed in a presidential primary election conducted every four years in the manner described by this chapter.

Sec. 1402   RCW 29.19.020 and 1995 1st sp.s. c 20 s 1 are each reenacted to read as follows:
     DATE. (1) On the fourth Tuesday in May of each year in which a president of the United States is to be nominated and elected, a presidential primary shall be held at which voters may vote for the nominee of a major political party for the office of president. The secretary of state may propose an alternative date for the primary no later than the first day of August of the year before the year in which a president is to be nominated and elected.
     (2) No later than the first day of September of the year before the year in which a presidential nominee is selected, the state committee of any major political party that will use the primary results for candidates of that party may propose an alternative date for that primary.
     (3) If an alternative date is proposed under subsection (1) or (2) of this section, a committee consisting of the chair and the vice-chair of the state committee of each major political party, the secretary of state, the majority leader and minority leader of the senate, and the speaker and the minority leader of the house of representatives shall meet and, if affirmed by a two-thirds vote of the members of the committee, the date of the primary shall be changed. The committee shall meet and decide on the proposed alternate date not later than the first day of October of the year before the year in which a presidential nominee is selected. The secretary of state shall convene and preside over the meeting of the committee. A committee member other than a legislator may appoint, in writing, a designee to serve on his or her behalf. A legislator who is a member of the committee may appoint, in writing, another legislator to serve on his or her behalf.
     (4) If an alternate date is approved under this section, the secretary of state shall adopt rules under RCW 29.19.070 to adjust the deadlines in RCW 29.19.030 and related provisions of this chapter to correspond with the date that has been approved.

Sec. 1403   RCW 29.19.030 and 1989 c 4 s 3 are each reenacted to read as follows:
     BALLOT -- NAMES INCLUDED. The name of any candidate for a major political party nomination for president of the United States shall be printed on the presidential preference primary ballot of a major political party only:
     (1) By direction of the secretary of state, who in the secretary's sole discretion has determined that the candidate's candidacy is generally advocated or is recognized in national news media; or
     (2) If members of the political party of the candidate have presented a petition for nomination of the candidate that has attached to the petition a sheet or sheets containing the signatures of at least one thousand registered voters who declare themselves in the petition as being affiliated with the same political party as the presidential candidate. The petition shall be filed with the secretary of state not later than the thirty-ninth day before the presidential preference primary. The signature sheets shall also contain the residence address and name or number of the precinct of each registered voter whose signature appears thereon and shall be certified in the manner prescribed in RCW 29.79.200 and 29.79.210.
     The secretary of state shall place the name of the candidate on the ballot unless the candidate, at least thirty-five days before the presidential preference primary, executes and files with the secretary of state an affidavit stating without qualification that he or she is not now and will not become a candidate for the office of president of the United States at the forthcoming presidential election. The secretary of state shall certify the names of all candidates who will appear on the presidential preference primary ballot to the respective county auditors on or before the fourth Tuesday in April of each presidential election year.

Sec. 1404   RCW 29.19.045 and 1995 1st sp.s. c 20 s 2 are each reenacted to read as follows:
     PROCEDURES -- BALLOT FORM AND ARRANGEMENT. (1) Except where necessary to accommodate the national or state rules of a major political party or where this chapter specifically provides otherwise, the presidential primary must be conducted in substantially the same manner as a state partisan primary under this title.
     (2) Except as provided under this chapter or by rule of the secretary of state adopted under RCW 29.19.070, the arrangement and form of presidential primary ballots must be substantially as provided for a partisan primary under this title. Whenever requested by a major political party, a separate ballot containing only the candidates of that party who have qualified under RCW 29.19.030 must be provided for a voter who requests a ballot of that party. A primary ballot, containing the names of all the candidates who have qualified for a place on the ballot under RCW 29.19.030, must be provided for nonaffiliated voters.
     (3) The ballot must list alphabetically the names of all candidates for the office of president. The ballot must indicate the political party of each candidate adjacent to the name of that candidate. Each ballot must include a blank space to allow the voter to write in the name of any other candidate.
     (4) A presidential primary ballot with votes for more than one candidate is void, and notice to this effect, stated in clear, simple language and printed in large type, must appear on the face of each presidential primary ballot or on or about each voting device.

Sec. 1405   RCW 29.19.055 and 1995 1st sp.s. c 20 s 3 are each reenacted to read as follows:
     ALLOCATION OF DELEGATES -- PARTY DECLARATIONS. (1) A major political party may, under national or state party rules, base the allocation of delegates from this state to the national nominating convention of that party in whole or in part on the participation in precinct caucuses and conventions conducted under the rules of that party.
     (2) If requested by a major political party, the secretary of state shall adopt rules under RCW 29.19.070 to provide for any declaration required by that party.
     (3) Voters who subscribe to a specific political party declaration under this section must be given ballots that are readily distinguishable from those given to other voters. Votes cast by persons making these declarations must be tabulated and reported separately from other votes cast at the primary and may be used by a major political party in its allocation of delegates under the rules of that party.
     (4) For a political party that requires a specific voter declaration under this section, the secretary of state shall prescribe rules for providing, to the state and county committees of that political party, a copy of the declarations or a list of the voters who participated in the presidential nominating process of that party.

Sec. 1406   RCW 29.19.080 and 1995 1st sp.s. c 20 s 5 are each reenacted to read as follows:
     COSTS. Subject to available funds specifically appropriated for this purpose, whenever a presidential primary is held as provided by this chapter, the state of Washington shall assume all costs of holding the primary if it is held alone. If any other election or elections are held at the same time, the state is liable only for a prorated share of the costs. The county auditor shall determine the costs, including the state's prorated share, if applicable, in the same manner as provided under RCW 29.13.045 and shall file a certified claim with the secretary of state. The secretary of state shall include in his or her biennial budget requests sufficient funds to carry out this section. Reimbursements for primary costs must be from appropriations specifically provided by law for that purpose.

Subpart 14.2
Recall

Sec. 1407   RCW 29.82.010 and 1984 c 170 s 1 are each amended to read as follows:
     INITIATING PROCEEDINGS -- STATEMENT -- CONTENTS -- VERIFICATION--DEFINITIONS. Whenever any legal voter of the state or of any political subdivision thereof, either individually or on behalf of an organization, desires to demand the recall and discharge of any elective public officer of the state or of such political subdivision, as the case may be, under the provisions of sections 33 and 34 of Article 1 of the Constitution, ((he or they)) the voter shall prepare a typewritten charge, reciting that such officer, naming him or her and giving the title of ((his)) the office, has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office, or has violated ((his)) the oath of office, or has been guilty of any two or more of the acts specified in the Constitution as grounds for recall. The charge shall state the act or acts complained of in concise language, give a detailed description including the approximate date, location, and nature of each act complained of, be signed by the person or persons making the charge, give their respective post office addresses, and be verified under oath that ((he or they)) the person or persons believe the charge or charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based.
     For the purposes of this chapter:
     (1) "Misfeasance" or "malfeasance" in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty;
     (a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and
     (b) Additionally, "malfeasance" in office means the commission of an unlawful act;
     (2) "Violation of the oath of office" means the ((wilful)) neglect or knowing failure by an elective public officer to perform faithfully a duty imposed by law.

Sec. 1408   RCW 29.82.015 and 1984 c 170 s 2 are each reenacted to read as follows:
     PETITION -- WHERE FILED. Any person making a charge shall file it with the elections officer whose duty it is to receive and file a declaration of candidacy for the office concerning the incumbent of which the recall is to be demanded. The officer with whom the charge is filed shall promptly (1) serve a copy of the charge upon the officer whose recall is demanded, and (2) certify and transmit the charge to the preparer of the ballot synopsis provided in RCW 29.82.021. The manner of service shall be the same as for the commencement of a civil action in superior court.

Sec. 1409   RCW 29.82.021 and 1984 c 170 s 3 are each amended to read as follows:
     BALLOT SYNOPSIS. (1) Within fifteen days after receiving a charge, the officer specified below shall formulate a ballot synopsis of the charge of not more than two hundred words.
     (a) Except as provided in (b) of this subsection, if the recall is demanded of an elected public officer whose political jurisdiction encompasses an area in more than one county, the attorney general shall be the preparer, except if the recall is demanded of the attorney general, the chief justice of the supreme court shall be the preparer.
     (b) If the recall is demanded of an elected public officer whose political jurisdiction lies wholly in one county, or if the recall is demanded of an elected public officer of a district whose jurisdiction encompasses more than one county but whose declaration of candidacy is filed with a county auditor in one of the counties, the prosecuting attorney of that county shall be the preparer, except that if the prosecuting attorney is the officer whose recall is demanded, the attorney general shall be the preparer.
     (2) The synopsis shall set forth the name of the person charged, the title of ((his)) the office, and a concise statement of the elements of the charge. Upon completion of the ballot synopsis, the preparer shall certify and transmit the exact language of the ballot synopsis to the persons filing the charge and the officer subject to recall. The preparer shall additionally certify and transmit the charges and the ballot synopsis to the superior court of the county in which the officer subject to recall resides and shall petition the superior court to approve the synopsis and to determine the sufficiency of the charges.

Sec. 1410   RCW 29.82.023 and 1984 c 170 s 4 are each reenacted to read as follows:
     DETERMINATION BY SUPERIOR COURT -- CORRECTION OF BALLOT
SYNOPSIS.
Within fifteen days after receiving the petition, the superior court shall have conducted a hearing on and shall have determined, without cost to any party, (1) whether or not the acts stated in the charge satisfy the criteria for which a recall petition may be filed, and (2) the adequacy of the ballot synopsis. The clerk of the superior court shall notify the person subject to recall and the person demanding recall of the hearing date. Both persons may appear with counsel. The court may hear arguments as to the sufficiency of the charges and the adequacy of the ballot synopsis. The court shall not consider the truth of the charges, but only their sufficiency. An appeal of a sufficiency decision shall be filed in the supreme court as specified by RCW 29.82.160. The superior court shall correct any ballot synopsis it deems inadequate. Any decision regarding the ballot synopsis by the superior court is final. The court shall certify and transmit the ballot synopsis to the officer subject to recall, the person demanding the recall, and either the secretary of state or the county auditor, as appropriate.

Sec. 1411   RCW 29.82.025 and 1984 c 170 s 5 are each amended to read as follows:
     FILING SIGNATURES -- TIME LIMITS. (1) The sponsors of a recall demanded of any public officer shall stop circulation of and file all petitions with the appropriate elections officer not less than six months before the next general election in which the officer whose recall is demanded is subject to reelection.
     (2) The sponsors of a recall demanded of an officer elected to a statewide position shall have a maximum of two hundred seventy days, and the sponsors of a recall demanded of any other officer shall have a maximum of one hundred eighty days, in which to obtain and file supporting signatures after the issuance of a ballot synopsis by the superior court. If the decision of the superior court regarding the sufficiency of the charges is not appealed, the one hundred eighty or two hundred seventy day period for the circulation of signatures begins on the sixteenth day following the decision of the superior court. If the decision of the superior court regarding the sufficiency of the charges is appealed, the one hundred eighty or two hundred seventy day period for the circulation of signatures begins on the day following the issuance of the decision by the supreme court.

Sec. 1412   RCW 29.82.030 and 1984 c 170 s 6 are each amended to read as follows:
     PETITION -- FORM. Recall petitions ((shall)) must be printed on single sheets of paper of good writing quality (including but not limited to newsprint) not less than eleven inches in width and not less than fourteen inches in length. No petition may be circulated or signed prior to the first day of the one hundred eighty or two hundred seventy day period established by RCW 29.82.025 for that recall petition. ((Such)) The petitions ((shall)) must be substantially in the following form:


     ((WARNING


     Every person who signs this petition with any other than his true name, or who knowingly (1) signs more than one of these petitions, (2) signs this petition when he is not a legal voter, or (3) makes herein any false statement, may be fined, or imprisoned, or both.)) The warning prescribed by RCW 29.79.115; followed by:
     Petition for the recall of (here insert the name of the office and of the person whose recall is petitioned for) to the Honorable (here insert the name and title of the officer with whom the charge is filed).
     We, the undersigned citizens and legal voters of (the state of Washington or the political subdivision in which the recall is to be held), respectfully direct that a special election be called to determine whether or not (here insert the name of the person charged and the office which he or she holds) be recalled and discharged from his or her office, for and on account of (his or her having committed the act or acts of malfeasance or misfeasance while in office, or having violated his or her oath of office, as the case may be), in the following particulars: (here insert the synopsis of the charge); and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington in the precinct and city (or town) and county written after my name, and my residence address is correctly stated, and to my knowledge, have signed this petition only once.

 
((Petitioner's
signature
Print name
for positive
identification
Residence address,
street and number,
if any
City
or
Town


County
(Here follow 20 numbered lines divided into columns as below.)
1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
etc.))   
    

     The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.

Sec. 1413   RCW 29.82.040 and 1965 c 9 s 29.82.040 are each amended to read as follows:
     PETITION -- SIZE. Each recall petition at the time of circulating, signing, and filing with the officer with whom it is to be filed, ((shall)) must consist of not more than five sheets with numbered lines for not more than twenty signatures on each sheet, with the prescribed warning, title, and form of petition on each sheet, and a full, true, and correct copy of the original statement of the charges against the officer referred to therein, printed on sheets of paper of like size and quality as the petition, firmly fastened together.

Sec. 1414   RCW 29.82.060 and 1991 c 363 s 36 are each reenacted to read as follows:
     NUMBER OF SIGNATURES REQUIRED. When the person, committee, or organization demanding the recall of a public officer has secured sufficient signatures upon the recall petition the person, committee, or organization may submit the same to the officer with whom the charge was filed for filing in his or her office. The number of signatures required shall be as follows:
     (1) In the case of a state officer, an officer of a city of the first class, a member of a school board in a city of the first class, or a county officer of a county with a population of forty thousand or more -- signatures of legal voters equal to twenty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election.
     (2) In the case of an officer of any political subdivision, city, town, township, precinct, or school district other than those mentioned in subsection (1) of this section, and in the case of a state senator or representative -- signatures of legal voters equal to thirty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election.

Sec. 1415   RCW 29.82.080 and 1965 c 9 s 29.82.080 are each amended to read as follows:
     CANVASSING PETITION FOR SUFFICIENCY OF SIGNATURES -- TIME OF --
NOTICE.
Upon the filing of a recall petition ((in his office)), the officer with whom the charge was filed shall stamp on each petition the date of filing, and shall notify the persons filing them and the officer whose recall is demanded of the date when the petitions will be canvassed, which date ((shall)) must be not less than five or more than ten days from the date of its filing.

Sec. 1416   RCW 29.82.090 and 1984 c 170 s 7 are each reenacted to read as follows:
     VERIFICATION AND CANVASS OF SIGNATURES -- PROCEDURE -- STATISTICAL SAMPLING. (1) Upon the filing of a recall petition, the elections officer shall proceed to verify and canvass the names of legal voters on the petition.
     (2) The verification and canvass of signatures on the petition may be observed by persons representing the advocates and opponents of the proposed recall so long as they make no record of the names, addresses, or other information on the petitions or related records during the verification process except upon the order of the superior court. The elections officer may limit the number of observers to not fewer than two on each side, if in his or her opinion a greater number would cause undue delay or disruption of the verification process. Any such limitation shall apply equally to both sides. If the elections officer finds the same name signed to more than one petition, he or she shall reject all but the first such valid signature.
     (3) Where the recall of a statewide elected official is sought, the secretary of state may use any statistical sampling techniques for verification and canvassing which have been adopted by rule for canvassing initiative petitions under RCW 29.79.200. No petition will be rejected on the basis of any statistical method employed. No petition will be accepted on the basis of any statistical method employed if such method indicates that the petition contains less than the number of signatures of legal voters required by Article I, section 33 (Amendment 8) of the state Constitution.

Sec. 1417   RCW 29.82.100 and 1984 c 170 s 8 are each reenacted to read as follows:
     FIXING DATE FOR RECALL ELECTION -- NOTICE. If, at the conclusion of the verification and canvass, it is found that a petition for recall bears the required number of signatures of certified legal voters, the officer with whom the petition is filed shall promptly certify the petitions as sufficient and fix a date for the special election to determine whether or not the officer charged shall be recalled and discharged from office. The special election shall be held not less than forty-five nor more than sixty days from the certification and, whenever possible, on one of the dates provided in RCW 29.13.020, but no recall election may be held between the date of the primary and the date of the general election in any calendar year. Notice shall be given in the manner as required by law for special elections in the state or in the political subdivision, as the case may be.

Sec. 1418   RCW 29.82.105 and 1984 c 170 s 9 are each reenacted to read as follows:
     RESPONSE TO PETITION CHARGES. When a date for a special recall election is set the certifying officer shall serve a notice of the date of the election to the officer whose recall is demanded and the person demanding recall. The manner of service shall be the same as for the commencement of a civil action in superior court. After having been served a notice of the date of the election and the ballot synopsis, the officer whose recall is demanded may submit to the certifying officer a response, not to exceed two hundred fifty words in length, to the charge contained in the ballot synopsis. Such response shall be submitted by the seventh consecutive day after service of the notice. The certifying officer shall promptly send a copy of the response to the person who filed the petition.

Sec. 1419   RCW 29.82.110 and 1965 c 9 s 29.82.110 are each amended to read as follows:
     DESTRUCTION OF INSUFFICIENT RECALL PETITION. If it is found that the recall petition does not contain the requisite number of signatures of certified legal voters, the officer shall so notify the persons filing the petition, and at the expiration of thirty days from the conclusion of the count ((he)) the officer shall destroy the petitions unless prevented therefrom by the injunction or mandate of a court.

Sec. 1420   RCW 29.82.120 and 1965 c 9 s 29.82.120 are each amended to read as follows:
     FRAUDULENT NAMES -- RECORD OF. The officer making the canvass of a recall petition shall keep a record of all names appearing ((thereon which)) on it that are not certified to be legal voters of the state or of the political subdivision, as the case may be, and of all names appearing more than once ((thereon)), and ((he)) shall report the same to the prosecuting attorneys of the respective counties where ((such)) the names appear to have been signed, to the end that prosecutions may be had for ((such)) the violation of this chapter.

Sec. 1421   RCW 29.82.130 and 1990 c 59 s 71 are each reenacted to read as follows:
     CONDUCT OF ELECTION -- CONTENTS OF BALLOT. The special election for the recall of an officer shall be conducted in the same manner as a special election for that jurisdiction. The county auditor shall conduct the recall election. The ballots at any recall election shall contain a full, true, and correct copy of the ballot synopsis of the charge and the officer's response to the charge if one has been filed.

Sec. 1422   RCW 29.82.140 and 1977 ex.s. c 361 s 109 are each amended to read as follows:
     ASCERTAINING THE RESULT -- WHEN RECALL EFFECTIVE. The votes on a recall election ((shall)) must be counted, canvassed, and the results certified in the manner provided by law for counting, canvassing, and certifying the results of an election for the office from which the officer is being recalled((: PROVIDED, That)). However, if the officer whose recall is demanded is the officer to whom, under the law, returns of elections are made, ((such)) the returns ((shall)) must be made to the officer with whom the charge is filed, and who called the special election((; and)). In the case of an election for the recall of a state officer, the county canvassing boards of the various counties shall canvass and return the result of ((such)) the election to the officer calling ((such)) the special election. If a majority of all votes cast at the recall election is for the recall of the officer charged, ((he shall)) the officer is thereupon ((be)) recalled and discharged from ((his)) the office, and the office ((shall)) thereupon ((become and be)) is vacant.

Sec. 1423   RCW 29.82.160 and 1988 c 202 s 30 are each reenacted to read as follows:
     ENFORCEMENT PROVISIONS -- MANDAMUS -- APPELLATE REVIEW. The superior court of the county in which the officer subject to recall resides has original jurisdiction to compel the performance of any act required of any public officer or to prevent the performance by any such officer of any act in relation to the recall not in compliance with law.
     The supreme court has like original jurisdiction in relation to state officers and revisory jurisdiction over the decisions of the superior courts. Any proceeding to compel or prevent the performance of any such act shall be begun within ten days from the time the cause of complaint arises, and shall be considered an emergency matter of public concern and take precedence over other cases, and be speedily heard and determined. Appellate review of a decision of any superior court shall be begun and perfected within fifteen days after its decision in a recall election case and shall be considered an emergency matter of public concern by the supreme court, and heard and determined within thirty days after the decision of the superior court.

Subpart 14.3
Presidential Electors

Sec. 1424   RCW 29.71.010 and 1965 c 9 s 29.71.010 are each amended to read as follows:
     DATE OF ELECTION -- NUMBER. On the Tuesday ((next)) after the first Monday of November in the year in which a president of the United States is to be elected, there shall be elected as many electors of president and vice president of the United States as there are senators and representatives in Congress allotted to this state.

Sec. 1425   RCW 29.71.020 and 1990 c 59 s 69 are each reenacted to read as follows:
     NOMINATION -- PLEDGE BY ELECTORS -- WHAT NAMES ON BALLOTS -- HOW
COUNTED.
In the year in which a presidential election is held, each major political party and each minor political party or independent candidate convention held under chapter 29.24 RCW that nominates candidates for president and vice president of the United States shall nominate presidential electors for this state. The party or convention shall file with the secretary of state a certificate signed by the presiding officer of the convention at which the presidential electors were chosen, listing the names and addresses of the presidential electors. Each presidential elector shall execute and file with the secretary of state a pledge that, as an elector, he or she will vote for the candidates nominated by that party. The names of presidential electors shall not appear on the ballots. The votes cast for candidates for president and vice president of each political party shall be counted for the candidates for presidential electors of that political party.

Sec. 1426   RCW 29.71.030 and 1965 c 9 s 29.71.030 are each amended to read as follows:
     CANVASSING THE RETURNS. The votes for candidates for president and vice president ((shall be given, received, returned and)) must be canvassed ((as the same are given, returned, and canvassed for candidates for congress)) under chapter 29.62 RCW (as recodified by this act). The secretary of state shall prepare three lists of names of electors elected and affix the seal of the state ((to the same. Such lists shall)). The lists must be signed by the governor and secretary of state and by the latter delivered to the college of electors at the hour of their meeting.

Sec. 1427   RCW 29.71.040 and 1977 ex.s. c 238 s 2 are each amended to read as follows:
     MEETING -- TIME -- PROCEDURE -- VOTING FOR NOMINEE OF OTHER PARTY, PENALTY. The electors of the president and vice president shall convene at the seat of government on the day fixed by federal statute, at the hour of twelve o'clock noon of that day. If there is any vacancy in the office of an elector occasioned by death, refusal to act, neglect to attend, or otherwise, the electors present shall immediately proceed to fill it by ((viva voce)) voice vote, and plurality of votes. When all of the electors have appeared and the vacancies have been filled they shall constitute the college of electors of the state of Washington, and shall proceed to perform the duties required of them by the Constitution and laws of the United States. Any elector who votes for a person or persons not nominated by the party of which he or she is an elector ((shall be)) is subject to a civil penalty of up to ((a fine of)) one thousand dollars.

Sec. 1428   RCW 29.71.050 and 1965 c 9 s 29.71.050 are each amended to read as follows:
     COMPENSATION. Every presidential elector who attends at the time and place appointed, and gives his or her vote for president and vice president, ((shall be)) is entitled to receive from this state, five dollars for each day's attendance at the meeting of the college of electors, and ten cents per mile for travel by the usually traveled route in going to and returning from the place where the electors meet.

Sec. 1429   RCW 29.27.140 and 2001 c 30 s 1 are each reenacted to read as follows:
     SLATE OF PRESIDENTIAL ELECTORS. In a year in which the president and vice president of the United States are to be elected, the secretary of state shall include in the certification prepared under RCW 29.27.050 the names of all candidates for president and vice president who, at least fifty days before the general election, have certified a slate of electors to the secretary of state under RCW 29.71.020 and have been nominated either (1) by a major political party, as certified by the appropriate authority under party rules, or (2) by a minor party or as independent candidates under chapter 29.24 RCW. Major or minor political parties or independent presidential candidates may substitute a different candidate for vice president for the one whose name appears on the party's certification or nominating petition at any time before forty-five days before the general election, by certifying the change to the secretary of state. Substitutions must not be permitted to delay the printing of either ballots or a voters' pamphlet. Substitutions are valid only if submitted under oath and signed by the same individual who originally certified the nomination, or his or her documented successor, and only if the substitute candidate consents in writing.

Subpart 14.4
Constitutional Amendment Conventions

Sec. 1430   RCW 29.74.010 and 1965 c 9 s 29.74.010 are each amended to read as follows:
     GOVERNOR'S PROCLAMATION CALLING CONVENTION -- WHEN. Within thirty days after the state is officially notified that the Congress of the United States has submitted to the several states a proposed amendment to the Constitution of the United States to be ratified or rejected by a convention, the governor shall issue a proclamation fixing the time and place for holding the convention and fixing the time for holding an election to elect delegates to the convention.

Sec. 1431   RCW 29.74.020 and 1965 c 9 s 29.74.020 are each reenacted to read as follows:
     GOVERNOR'S PROCLAMATION -- PUBLICATION. The proclamation shall be published once each week for two successive weeks in one newspaper published and of general circulation in each of the congressional districts of the state. The first publication of the proclamation shall be within thirty days of the receipt of official notice by the state of the submission of the amendment.

Sec. 1432   RCW 29.74.030 and 1965 c 9 s 29.74.030 are each amended to read as follows:
     ELECTION OF CONVENTION DELEGATES -- DATE FOR, HOW FIXED. The date for holding the election of delegates ((shall)) must be not less than one month nor more than six weeks ((prior to)) before the date of holding the convention((: PROVIDED, That)). If a general ((state)) election is to be held not more than six months nor less than three months from the date of official notice of submission to the state of the proposed amendment, the governor must fix the date of the general election as the date for the election of delegates to the convention.

Sec. 1433   RCW 29.74.040 and 1965 c 9 s 29.74.040 are each reenacted to read as follows:
     TIME AND PLACE FOR HOLDING CONVENTION. The convention shall be held not less than five nor more than eight months from the date of the first publication of the proclamation provided for in RCW 29.74.020. It shall be held in the chambers of the state house of representatives unless the governor shall select some other place at the state capitol.

Sec. 1434   RCW 29.74.050 and 1965 c 9 s 29.74.050 are each reenacted to read as follows:
     DELEGATES -- NUMBER AND QUALIFICATIONS. Each state representative district shall be entitled to as many delegates in the convention as it has members in the house of representatives of the state legislature. No person shall be qualified to act as a delegate in said convention who does not possess the qualifications required of representatives in the state legislature from the same district.

Sec. 1435   RCW 29.74.060 and 1965 c 9 s 29.74.060 are each amended to read as follows:
     DELEGATES--DECLARATIONS OF CANDIDACY. Anyone desiring to file as a candidate for election as a delegate to ((said)) the convention shall, not less than thirty nor more than sixty days ((prior to)) before the date fixed for holding the election, file ((his)) a declaration of candidacy with the secretary of state. Filing ((shall)) must be made on a form to be prescribed by the secretary of state and ((shall)) include a sworn statement of the candidate ((that he is)) as being either for or against((, as the case may be,)) the amendment ((which)) that will be submitted to a vote of the convention and that ((he)) the candidate will, if elected as a delegate, vote in accordance with ((his)) the declaration. The form ((shall)) must be so worded that the candidate must give a plain unequivocal statement of his or her views as either for or against the proposal upon which he or she will, if elected, be called upon to vote. No candidate ((shall)) may in any such filing make any statement or declaration as to ((his)) party politics or political faith or beliefs. The fee for filing as a candidate ((shall be)) is ten dollars and ((shall)) must be transmitted to the secretary of state with the filing papers and be by the secretary of state transmitted to the state treasurer for the use of the general fund.

Sec. 1436   RCW 29.74.070 and 1965 c 9 s 29.74.070 are each amended to read as follows:
     ELECTION OF CONVENTION DELEGATES--GENERAL PROCEDURE. The election of delegates to ((such)) the convention ((shall)) must as far as practicable, be ((called, held and conducted)) administered, except as otherwise provided in this chapter ((provided)), in the same manner as a general election under the election laws of this state.

Sec. 1437   RCW 29.74.080 and 1990 c 59 s 70 are each reenacted to read as follows:
     ELECTION OF CONVENTION DELEGATES--BALLOTS. The issue shall be identified as, "Delegates to a convention for ratification or rejection of a proposed amendment to the United States Constitution, relating . . . . . . . . . . . (stating briefly the substance of amendment proposed for adoption or rejection)." The names of all candidates who have filed in a district shall be printed on the ballots for that district in two separate groups under the headings, "For the amendment" and "Against the amendment." The names of the candidates in each group shall be printed in alphabetical order.

Sec. 1438   RCW 29.74.100 and 1965 c 9 s 29.74.100 are each amended to read as follows:
     ELECTION OF CONVENTION DELEGATES--ASCERTAINING ELECTION RESULT.
The election officials shall count and determine the number of votes cast for each individual; and shall also count and determine the aggregate number of votes cast for all candidates whose names appear under each of the respective headings. Where more than the required number have been voted for, the ballot ((shall)) must be rejected. The figures determined by the various counts ((shall)) must be entered in the poll books of the respective precincts. The vote ((shall)) must be canvassed in each county by the county canvassing board, and certificate of results ((shall)) must within ((twelve)) fifteen days after the election be transmitted to the secretary of state. Upon receiving ((such)) the certificate, the secretary of state ((shall have power to)) may require returns or poll books from any county precinct to be forwarded for ((his)) the secretary's examination.
     Where a district embraces precincts of more than one county, the secretary of state shall combine the votes from all the precincts included in each district. The delegates elected in each district ((shall)) will be the number of candidates((,)) corresponding to the number of state representatives from the district, who receive the highest number of votes in the group (either "for" or "against")((, which)) that received an aggregate number of votes for all candidates in the group greater than the aggregate number of votes for all the candidates in the other group((, and)). The secretary of state shall issue certificates of election((,)) to the delegates so elected.

Sec. 1439   RCW 29.74.110 and 1965 c 9 s 29.74.110 are each amended to read as follows:
     MEETING--ORGANIZATION. The convention shall meet at the time and place fixed in the governor's proclamation. ((It shall be called to order by)) The secretary of state shall call it to order, who shall then call the roll of the delegates and preside over the convention until its president is elected. The chief justice of the supreme court shall administer the oath of office ((shall then be administered)) to the delegates ((by the chief justice of the supreme court)). As far as practicable, the convention shall proceed under the rules adopted by the last preceding session of the state senate. The convention shall elect a president and a secretary and shall thereafter and thereupon proceed ((to)) with a publicly recorded voice vote ((viva voce)) upon the proposition submitted by the Congress of the United States.

Sec. 1440   RCW 29.74.120 and 1965 c 9 s 29.74.120 are each reenacted to read as follows:
     QUORUM--PROCEEDINGS--RECORD. Two-thirds of the elected members of said convention shall constitute a quorum to do business, and a majority of those elected shall be sufficient to adopt or reject any proposition coming before the convention. If such majority votes in favor of the ratification of the amendment submitted to the convention, the said amendment shall be deemed ratified by the state of Washington; and if a majority votes in favor of rejecting or not ratifying the amendment, the same shall be deemed rejected by the state of Washington.

Sec. 1441   RCW 29.74.130 and 1965 c 9 s 29.74.130 are each amended to read as follows:
     CERTIFICATION AND TRANSMITTAL OF RESULT. The vote of each member shall be recorded in the journal of the convention, which shall be preserved by the secretary of state as a public document. The action of the convention shall be enrolled, signed by its president and secretary and filed with the secretary of state and it shall be the duty of the secretary of state to properly certify the action of the convention to the Congress of the United States as provided by general law.

Sec. 1442   RCW 29.74.140 and 1965 c 9 s 29.74.140 are each reenacted to read as follows:
     EXPENSES--HOW PAID--DELEGATES RECEIVE FILING FEE. The delegates attending the convention shall be paid the amount of their filing fee, upon vouchers approved by the president and secretary of the convention and state warrants issued thereon and payable from the general fund of the state treasury. The delegates shall receive no other compensation or mileage. All other necessary expenses of the convention shall be payable from the general fund of the state upon vouchers approved by the president and secretary of the convention.

Sec. 1443   RCW 29.74.150 and 1965 c 9 s 29.74.150 are each reenacted to read as follows:
     FEDERAL STATUTES CONTROLLING. If a congressional measure, which submits to the several states an amendment to the Constitution of the United States for ratification or rejection, provides for or requires a different method of calling and holding conventions to ratify or reject said amendment, the requirements of said congressional measure shall be followed so far as they conflict with the provisions of this chapter.

PART 15
CANVASSING

Sec. 1501   RCW 29.13.040 and 1965 c 123 s 4 are each amended to read as follows:
     CONDUCT OF ELECTIONS--CANVASS. All elections, whether special or general, held under RCW 29.13.010 and 29.13.020 ((as now or hereafter amended, shall)) must be conducted by the county auditor as ex officio county supervisor of elections and, except as provided in RCW 29.62.100, the returns ((thereof shall be)) canvassed by the county canvassing board.

Sec. 1502   RCW 29.62.180 and 1999 c 157 s 3 are each reenacted to read as follows:
     WRITE-IN VOTING--DECLARATION OF CANDIDACY--COUNTING OF VOTE. (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 29.04.180 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 29.04.180 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.

Sec. 1503   RCW 29.54.042 and 1990 c 59 s 58 are each reenacted to read as follows:
     TABULATION CONTINUOUS. Except as provided by rule under RCW 29.04.210, on the day of the primary or election, the tabulation of ballots at the polling place or at the counting center shall proceed without interruption or adjournment until all of the ballots cast at the polls at that primary or election have been tabulated.

Sec. 1504   RCW 29.54.050 and 1999 c 158 s 13 and 1999 c 157 s 4 are each reenacted to read as follows:
     REJECTION OF BALLOTS OR PARTS--WRITE-IN VOTES. A ballot is invalid and no votes on that ballot may be counted if it is found folded together with another ballot or it is marked so as to identify the voter.
     Those parts of a ballot are invalid and no votes may be counted for those issues or offices where more votes are cast for the office or issue than are permitted by law; write-in votes do not contain all of the information required under RCW 29.62.180; or that issue or office is not marked with sufficient definiteness to determine the voter's choice or intention. No write-in vote may be rejected due to a variation in the form of the name if the election board or the canvassing board can determine the issue for or against which or the person and the office for which the voter intended to vote.

Sec. 1505   RCW 29.54.060 and 1990 c 59 s 57 are each reenacted to read as follows:
     QUESTIONS ON LEGALITY OF BALLOT--PRESERVATION AND RETURN. Whenever the precinct election officers or the counting center personnel have a question about the validity of a ballot or the votes for an office or issue that they are unable to resolve, they shall prepare and sign a concise record of the facts in question or dispute. These ballots shall be delivered to the canvassing board for processing. All ballots shall be preserved in the same manner as valid ballots for that primary or election.

Sec. 1506   RCW 29.54.097 and 1999 c 158 s 12 are each reenacted to read as follows:
     POLL-SITE BALLOT COUNTING DEVICES--RESULTS. After the close of the polls, counties employing poll-site ballot counting devices may telephonically or electronically transmit the accumulated tally for each device to a central reporting location. Before making a telephonic or electronic transmission the precinct election officer must create a printed record of the results of the election for that poll site. During the canvassing period the results transmitted telephonically or electronically must be considered unofficial until a complete reconciliation of the results has been performed. This reconciliation may be accomplished by a direct loading of the results from the memory pack into the central accumulator, or a comparison of the report produced at the poll site on election night with the results received by the central accumulating device.

Sec. 1507   RCW 29.54.105 and 1990 c 59 s 60 are each reenacted to read as follows:
     RETURNS, PRECINCT AND CUMULATIVE--DELIVERY TO CANVASSING BOARD.
The county auditor shall produce cumulative and precinct returns for each primary and election and deliver them to the canvassing board for verification and certification. The precinct and cumulative returns of any primary or election are public records under chapter 42.17 RCW.

Sec. 1508   RCW 29.54.121 and 1990 c 59 s 24 are each reenacted to read as follows:
     SEALING OF VOTING DEVICES--EXCEPTIONS. Except for reopening to make a recanvass, the registering mechanism of each mechanical voting device used in any primary or election shall remain sealed until ten days after the completion of the canvass of that primary or election in that county. Except where provided by a rule adopted under RCW 29.04.210, voting devices used in a primary or election shall remain sealed until ten days after the completion of the canvass of that primary or election in that county.

Sec. 1509   RCW 29.54.170 and 1990 c 59 s 61 are each reenacted to read as follows:
     VOTING SYSTEMS--MAINTENANCE OF DOCUMENTS. In counties using voting systems, the county auditor shall maintain the following documents for at least sixty days after the primary or election:
     (1) Sample ballot formats together with a record of the format or formats assigned to each precinct;
     (2) All programming material related to the control of the vote tallying system for that primary or election; and
     (3) All test materials used to verify the accuracy of the tabulating equipment as required by RCW 29.33.350.

Sec. 1510   RCW 29.51.175 and 1990 c 59 s 46 are each reenacted to read as follows:
     VOTES BY STICKERS, PRINTED LABELS, REJECTED. Votes cast by stickers or printed labels are not valid for any purpose and shall be rejected. Votes cast by sticker or label shall not affect the validity of other offices or issues on the voter's ballot.

Sec. 1511   RCW 29.54.075 and 1999 c 158 s 14 are each amended to read as follows:
     BALLOT CONTAINERS, SEALING, OPENING. Immediately after their tabulation, all ballots counted at a ballot counting center must be sealed in containers that identify the primary or election and be retained for at least sixty days or according to federal law, whichever is longer. All ballots tallied by poll-site ballot counting devices must be returned to the elections department in sealed ballot containers on election day. Counties composed entirely of islands or portions of counties composed of islands shall collect the ballots within twenty-four hours of the close of the polls.
     Ballots tabulated in poll-site ballot counting devices must be sealed by two of the election precinct officers at the polling place, and a log of the seal and the names of the people sealing the container must be completed. One copy of this log must be retained by the inspector, one copy must be placed in the ballot transfer case, and one copy must be transported with the ballots to the elections department, where the seal number must be verified by the county auditor or a designated representative. Ballots may be transported by one election employee if the container is sealed at the poll and then verified when returned to the elections department. Auditors using poll-site ballot counting devices may conduct early pickup of counted ballots on election day.
     In the presence of major party observers who are available, ballots may be removed from the sealed containers at the elections department and consolidated into one sealed container for storage purposes. The containers may only be opened by the canvassing board as part of the canvass, or to conduct recounts, or under RCW 29.54.025(3), or by order of the superior court in a contest or election dispute. If the canvassing board opens a ballot container, it shall make a full record of the additional tabulation or examination made of the ballots. This record ((shall)) must be added to any other record of the canvassing process in that county.

Sec. 1512   RCW 29.54.085 and 1999 c 158 s 15 are each amended to read as follows:
     COUNTING BALLOTS--OFFICIAL RETURNS. (1) The ballots picked up from the precincts during the polling hours may be counted only at the counting center before the polls have closed. Election returns from the count of these ballots must be held in secrecy until the polls have been closed ((as provided by RCW 29.54.018)).
     (2) Upon breaking the seals and opening the ballot containers from the precincts, all voted ballots ((shall)) must be manually inspected for damage, write-in votes, and incorrect or incomplete marks. If it is found that any ballot is damaged so that it cannot properly be counted by the vote tallying system, a true duplicate copy ((shall)) must be made of the damaged ballot in the presence of witnesses and substituted for the damaged ballot. All damaged ballots ((shall)) must be kept by the county auditor until sixty days after the primary or election or according to federal law, whichever is longer.
     (3) The returns produced by the vote tallying system, to which have been added the counts of questioned ballots, write-in votes, and absentee votes, constitute the official returns of the primary or election in that county.

Sec. 1513   RCW 29.27.120 and 1965 c 9 s 29.27.120 are each reenacted to read as follows:
     CERTIFICATE NOT WITHHELD FOR INFORMALITY IN RETURNS. No certificate shall be withheld on account of any defect or informality in the returns of any election, if it can with reasonable certainty be ascertained from such return what office is intended, and who is entitled to such certificate, nor shall any commission be withheld by the governor on account of any defect or informality of any return made to the office of the secretary of state.

NEW SECTION.  Sec. 1514   COUNTY CANVASSING BOARD--MEMBERSHIP--AUTHORITY--DELEGATION OF AUTHORITY--RULE MAKING. (1) Members of the county canvassing board are the county auditor, who is the chair, the county prosecuting attorney, and the chair of the county legislative body. If a member of the board is not available to carry out the duties of the board, then the auditor may designate a deputy auditor, the prosecutor may designate a deputy prosecuting attorney, and the chair of the county legislative body may designate another member of the county legislative body. Any such designation may be made on an election-by-election basis or may be on a permanent basis until revoked by the designating authority. Any such designation must be in writing, and if for a specific election, must be filed with the county auditor not later than the day before the first day duties are to be undertaken by the canvassing board. If the designation is permanent until revoked by the designating authority, then the designation must be on file in the county auditor's office no later than the day before the first day the designee is to undertake the duties of the canvassing board.
     (2) The county canvassing board may adopt rules that delegate in writing to the county auditor or the county auditor's staff the performance of any task assigned by law to the canvassing board.
     (3) The county canvassing board may not delegate the responsibility of certifying the returns of a primary or election, of determining the validity of challenged ballots, or of determining the validity of provisional ballots referred to the board by the county auditor.
     (4) The county canvassing board shall adopt administrative rules to facilitate and govern the canvassing process in that jurisdiction.
     (5) Meetings of the county canvassing board are public meetings under chapter 42.30 RCW. All rules adopted by the county canvassing board must be adopted in a public meeting under chapter 42.30 RCW, and once adopted must be available to the public to review and copy under chapter 42.17 RCW.

Sec. 1515   RCW 29.62.030 and 1995 c 139 s 3 are each amended to read as follows:
     PROCEDURE WHEN MEMBER A CANDIDATE. The members of the county canvassing board may not include individuals who are candidates for an office to be voted upon at the primary or election. If no individual is available to serve on the canvassing board who is not a candidate at the primary or election ((is one at which a member, or the officer designating a member, of the canvassing board is a candidate for an office,)) the individual who is a candidate must not make decisions regarding the determination of a voter's intent with respect to a vote cast for that specific office ((shall)); the decision must be made by the other two members of the board ((not designated by that officer)). If the two disagree, the vote ((shall)) must not be counted unless the number of those votes could affect the result of the primary or election, in which case the secretary of state or a designee shall make the decision on those votes. This section does not restrict participation in decisions as to the acceptance or rejection of entire ballots, unless the office in question is the only one for which the voter cast a vote.

Sec. 1516   RCW 29.62.020 and 1999 c 259 s 4 are each amended to read as follows:
     COUNTY CANVASSING BOARD--PROCEDURE FOR ABSENTEE BALLOTS. (((1))) At least every third day after a ((special election,)) primary((,)) or ((general)) election and before certification of the election results, except Saturdays, Sundays, and legal holidays, the county auditor, as delegated by the county canvassing board, shall ((convene the county canvassing board or their designees to)) process absentee ballots and canvass the votes cast at that ((special election,)) primary((,)) or ((general)) election, if the county auditor is in possession of more than twenty-five ballots that have yet to be canvassed. The county auditor, as delegated by the county canvassing board, may use his or her discretion in determining when to ((convene the canvassing board or their designees)) process the remaining absentee ballots and canvass the votes during the final four days before the certification of election results in order to protect the secrecy of any ballot. In counties where this process has not been delegated to the county auditor, the county auditor shall convene the county canvassing board to process absentee ballots and canvass the votes cast at the primary or election as set forth in this section.
     Each absentee ballot previously not canvassed that was received by the county auditor two days or more before ((the convening of the canvassing board or their designees and)) processing absentee ballots and canvassing the votes as delegated by or processed by the county canvassing board, that either was received by the county auditor before the closing of the polls on the day of the ((special election,)) primary((,)) or ((general)) election for which it was issued, or that bears a ((date of mailing)) postmark on or before the ((special election,)) primary((,)) or ((general)) election for which it was issued, must be processed at that time. The tabulation of votes that results from that day's canvass must be made available to the general public immediately upon completion of the canvass.
     (((2) On the tenth day after a special election or a primary and on the fifteenth day after a general election, the 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 date of mailing 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, shall be included in the canvass report.
     (3) At the request of any 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.
))

Sec. 1517   RCW 29.54.025 and 1999 c 158 s 9 are each amended to read as follows:
     COUNTING CENTER, DIRECTION AND OBSERVATION OF PROCEEDINGS--MANUAL COUNT OF CERTAIN PRECINCTS. (1) The counting center in a county using voting systems ((shall be)) is under the direction of the county auditor and ((shall)) must be observed by one representative from each major political party, if representatives have been appointed by the respective major political parties and these representatives are present while the counting center is operating. The proceedings ((shall)) must be open to the public, but no persons except those employed and authorized by the county auditor may touch any ballot or ballot container or operate a vote tallying system.
     (2) In counties in which ballots are not counted at the polling place, the official political party observers, upon mutual agreement, may request that a precinct be selected at random on receipt of the ballots from the polling place and that a manual count be made of the number of ballots and of the votes cast on any office or issue. The ballots for that precinct ((shall)) must then be counted by the vote tallying system, and this result ((shall)) will be compared to the results of the manual count. This may be done as many as three times during the tabulation of ballots on the day of the primary or election.
     (3) In counties using poll-site ballot counting devices, the political party observers, upon mutual agreement, may choose as many as three precincts and request that a manual count be made of the number of ballots and the votes cast on any office or issue. The results of this count will be compared to the count of the precinct made by the poll-site ballot counting device. These selections must be made no later than thirty minutes after the close of the polls. The manual count must be completed within forty-eight hours after the close of the polls. The process must take place at a location designated by the county auditor for that purpose. The political party observers must receive timely notice of the time and location, and have the right to be present. However, the process must proceed as scheduled if the observers are unable to attend.

Sec. 1518   RCW 29.36.330 and 2001 c 241 s 12 are each reenacted to read as follows:
     CREDIT FOR VOTING--RETENTION OF BALLOTS. Each registered voter casting an absentee ballot will be credited with voting on his or her voter registration record. Absentee ballots must be retained for the same length of time and in the same manner as ballots cast at the precinct polling places.

NEW SECTION.  Sec. 1519   CERTIFICATION OF ELECTION RESULTS--UNOFFICIAL RETURNS. (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 representatives.

Sec. 1520   RCW 29.62.040 and 1990 c 59 s 63 are each amended to read as follows:
     COUNTY CANVASSING BOARD--CANVASSING PROCEDURE--PENALTY. Before canvassing the returns of a primary or election, the ((chairman)) chair of the county legislative authority or the chair's designee shall administer an oath to the county auditor or the auditor's designee attesting to the authenticity of the information presented to the canvassing board. This oath must be signed by the county auditor or designee and filed with the returns of the primary or election.
     The county canvassing board shall proceed to verify the results from the precincts and the absentee ballots. The board shall execute a certificate of the results of the primary or election signed by all members of the board or their designees. Failure to certify the returns, if they can be ascertained with reasonable certainty, is a ((misdemeanor)) crime under RCW 29.85.170.

Sec. 1521   RCW 29.62.050 and 1990 c 59 s 64 are each amended to read as follows:
     RECANVASS--GENERALLY. Whenever the canvassing board finds that there is an apparent discrepancy or an inconsistency in the returns of a primary or election, the board may recanvass the ballots or voting devices in any precincts of the county. The canvassing board shall conduct any necessary recanvass activity on or before the last day to certify the primary or election and correct any error and document the correction of any error that it finds.

Sec. 1522   RCW 29.62.080 and 1965 c 9 s 29.62.080 are each amended to read as follows:
     TIE VOTES IN PRIMARY OR FINAL ELECTION. (1) If the requisite number of any federal, state, county, city, or district offices 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 ((shall not be)) 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 ((said)) that official, who shall then and there proceed publicly to decide by lot which of ((the)) those persons ((so having an equal number of votes shall)) will be declared duly elected, and the ((said)) official shall make out and deliver to the person thus duly declared elected a certificate of ((his)) election ((as hereinbefore provided)).

Sec. 1523   RCW 29.62.090 and 2001 c 225 s 2 are each amended to read as follows:
     ABSTRACT BY ELECTION OFFICER--TRANSMITTAL TO SECRETARY OF STATE.
(1) Immediately after the official results of a state primary or general election in a county are ascertained, the county auditor or other election officer shall make an abstract of the number of registered voters in each precinct and of all the votes cast in the county at such state primary or general election for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass. The ((abstract must be entered on blanks furnished by the secretary of state or on compatible computer printouts approved by the secretary of state, and the)) cumulative report of the election and a copy of the certificate of the election must be transmitted to the secretary of state immediately, through electronic means and mailed with the abstract of votes no later than the next business day following the certification by the county canvassing board.
     (2) After each general election, the county auditor or other election officer shall provide to the secretary of state a report of the number of absentee ballots cast in each precinct for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass. The report may be included in the abstract required by this section or may be transmitted to the secretary of state separately, but in no event later than March 31st of the year following the election. Absentee ballot results may be incorporated into votes cast at the polls for each precinct or may be reported separately on a precinct-by-precinct basis.
     (3) If absentee ballot results are not incorporated into votes cast at the polls, the county auditor or other election official may aggregate results from more than one precinct if the auditor, pursuant to rules adopted by the secretary of state, finds that reporting a single precinct's absentee ballot results would jeopardize the secrecy of a person's ballot. To the extent practicable, precincts for which absentee results are aggregated must be contiguous.

Sec. 1524   RCW 29.62.100 and 1977 ex.s. c 361 s 97 are each amended to read as follows:
     SECRETARY OF STATE--PRIMARY RETURNS--STATE OFFICES, ETC. 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. 1525   RCW 29.62.120 and 1965 c 9 s 29.62.120 are each amended to read as follows:
     SECRETARY OF STATE TO CANVASS FINAL RETURNS--SCOPE. As soon as the returns have been received from all the counties of the state, but not later than the thirtieth day after the election, the secretary of state shall make a canvass of such of the returns as are not required to be canvassed by the legislature and make out a statement thereof, file it in his or her office, and transmit a certified copy ((thereof)) to the governor.

Sec. 1526   RCW 29.62.130 and 1965 c 9 s 29.62.130 are each amended to read as follows:
     CANVASS OF VOTE ON STATEWIDE MEASURES. The votes on proposed amendments to the state Constitution, recommendations for the calling of constitutional conventions and other questions submitted to the people ((shall)) must be counted, canvassed, and returned by ((the regular precinct election officers and by the county auditors and)) each county canvassing board((s)) in the manner provided by law for counting, canvassing, and returning votes for candidates for state offices. ((It shall be the duty of)) The secretary of state shall, in the presence of the governor, within thirty days after ((any such)) the election, ((to)) canvass the votes upon each question and certify to the governor the result ((thereof, and)). The governor shall forthwith issue ((his)) a proclamation giving the whole number of votes cast in the state for and against such measure and declaring the result((: PROVIDED, That)). If the vote cast upon an initiative or referendum measure is equal to less than one-third of the total vote cast at the election, the governor shall proclaim the measure to have failed ((for that reason)).

PART 16
RECOUNTS

Sec. 1601   RCW 29.64.010 and 2001 c 225 s 3 are each amended to read as follows:
     APPLICATION FOR RECOUNT--REQUIREMENTS--APPLICATION OF CHAPTER. An officer of a political party or any 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 ((chairman)) 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 ((shall)) 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. 1602   RCW 29.64.015 and 2001 c 225 s 4 are each reenacted to read as follows:
     MANDATORY RECOUNT. (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 nominated 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 RCW 29.64.020, 29.64.030, and 29.64.040. 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.

Sec. 1603   RCW 29.64.020 and 2001 c 225 s 5 are each reenacted to read as follows:
     DEPOSIT OF FEES--NOTICE--PUBLIC PROCEEDING. 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 29.64.060.
     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 29.64.015 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.

Sec. 1604   RCW 29.64.030 and 2001 c 225 s 6 are each reenacted to read as follows:
     RECOUNTING THE VOTES--OBSERVERS--REQUEST TO STOP. (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 nomination, election, 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.

Sec. 1605   RCW 29.64.035 and 2001 c 225 s 7 are each reenacted to read as follows:
     PARTIAL RECOUNT REQUIRING COMPLETE RECOUNT. When a partial recount of votes cast for an office or issue changes the result of the election, the canvassing board or the secretary of state, if the office or issue is being recounted at his or her direction, shall order a complete recount of all ballots cast for the office or issue for the jurisdiction in question.
     This recount will be conducted in a manner consistent with RCW 29.64.015.

Sec. 1606   RCW 29.64.040 and 2001 c 225 s 8 are each reenacted to read as follows:
     AMENDED ABSTRACTS. 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 nomination, election, 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 nomination, election, 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.

Sec. 1607   RCW 29.64.051 and 2001 c 225 s 9 are each reenacted to read as follows:
     LIMITATION ON RECOUNTS. After the original count, canvass, and certification of results, the votes cast in any single precinct may not be recounted and the results recertified more than twice.

Sec. 1608   RCW 29.64.060 and 2001 c 225 s 10 are each reenacted to read as follows:
     EXPENSES OF RECOUNT--CHARGES. 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 nomination or election for which the recount was ordered.

Sec. 1609   RCW 29.64.080 and 2001 c 225 s 11 are each reenacted to read as follows:
     STATEWIDE MEASURES--MANDATORY RECOUNT--COST AT STATE EXPENSE. When the official canvass of returns of any election reveals that the difference in the number of votes cast for the approval of a statewide measure and the number of votes cast for the rejection of such measure is less than two thousand votes and also less than one-half of one percent of the total number of votes cast on such measure, the secretary of state shall direct that a recount of all votes cast on such measure be made on such measure, in the manner provided by RCW 29.64.030 and 29.64.040, and the cost of such recount will be at state expense.

Sec. 1610   RCW 29.64.090 and 1977 ex.s. c 144 s 5 are each amended to read as follows:
     STATEWIDE MEASURES--MANDATORY RECOUNT--FUNDS FOR ADDITIONAL EXPENSES. Each county auditor shall file with the secretary of state a statement listing only the additional expenses incurred whenever a mandatory recount of the votes cast on a state measure is made as provided in RCW 29.64.080. The secretary of state shall include in his or her biennial budget request a provision for sufficient funds to carry out the provisions of this section. Payments hereunder shall be from appropriations specifically provided for such purpose by law.

PART 17
CONTESTING AN ELECTION

Sec. 1701   RCW 29.04.030 and 1977 ex.s. c 361 s 3 are each reenacted to read as follows:
     PREVENTION AND CORRECTION OF ELECTION FRAUDS AND ERRORS. 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 nominations 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.

Sec. 1702   RCW 29.65.010 and 1983 1st ex.s. c 30 s 6 are each amended to read as follows:
     COMMENCEMENT BY REGISTERED VOTER--CAUSES FOR. Any registered voter may contest the right of any person declared elected to an office to be issued a certificate of election for any of the following causes:
     (1) For misconduct on the part of any member of any precinct election board involved therein;
     (2) Because the person whose right is being contested was not at the time ((he)) the person was declared elected eligible to that office;
     (3) Because the person whose right is being contested was previous to the election convicted of a felony by a court of competent jurisdiction, ((his)) the conviction not having been reversed nor ((his)) the person's civil rights restored after the conviction;
     (4) Because the person whose right is being contested gave a bribe or reward to a voter or to an inspector or judge of election for the purpose of procuring ((his)) the election, or offered to do so;
     (5) On account of illegal votes.
     (a) Illegal votes include but are not limited to the following:
     (i) More than one vote cast by a single voter;
     (ii) A vote cast by a person disqualified under Article VI, section 3 of the state Constitution.
     (b) Illegal votes do not include votes cast by improperly registered voters who were not properly challenged ((pursuant to)) under RCW 29.10.125 and 29.10.127.
     All election contests ((shall)) must proceed under RCW 29.04.030.

Sec. 1703   RCW 29.65.020 and 1977 ex.s. c 361 s 102 are each amended to read as follows:
     AFFIDAVIT OF ERROR OR OMISSION--TIME FOR FILING--CONTENTS--WITNESSES. An affidavit of an elector with respect to RCW 29.04.030(6) must be filed with the appropriate court no later than ten days following the issuance of a certificate of election and ((shall)) must set forth specifically:
     (1) The name of the contestant and that he or she is a registered voter in the county, district or precinct, as the case may be, in which the office is to be exercised;
     (2) The name of the person whose right is being contested;
     (3) The office;
     (4) The particular causes of the contest.
     No statement of contest ((shall)) may be dismissed for want of form if the particular causes of contest are alleged with sufficient certainty. The person charged with the error or omission ((shall)) must be given the opportunity to call any witness, including the candidate to whom he or she has issued or intends to issue the certificate of election.

Sec. 1704   RCW 29.65.040 and 1977 ex.s. c 361 s 103 are each amended to read as follows:
     HEARING DATE--ISSUANCE OF CITATION--SERVICE. Upon such affidavit being filed, ((it shall be the duty of)) the clerk ((to)) shall inform the judge of the appropriate court, who may give notice, and order a session of the court to be held at the usual place of holding ((said)) the court, on some day to be named by ((him)) the judge, not less than ten nor more than twenty days from the date of ((such)) the notice, to hear and determine such contested election((: PROVIDED, That)). If no session ((be)) is called for the purpose, ((such)) the contest ((shall)) must be determined at the first regular session of court after ((such)) the statement is filed.
     The clerk of the court shall also at the time issue a citation for the person charged with the error or omission, to appear at the time and place specified in the notice((, which)). The citation ((shall)) must be delivered to the sheriff and be served upon the party in person; or if ((he)) the person cannot be found, by leaving a copy thereof at the house where ((he)) the person last resided.

Sec. 1705   RCW 29.65.050 and 1965 c 9 s 29.65.050 are each reenacted to read as follows:
     WITNESSES TO ATTEND--HEARING OF CONTEST--JUDGMENT. The clerk shall issue subpoenas for witnesses in such contested election at the request of either party, which shall be served by the sheriff or constable, as other subpoenas, and the superior court shall have full power to issue attachments to compel the attendance of witnesses who shall have been duly subpoenaed to attend if they fail to do so.
     The court shall meet at the time and place designated to determine such contested election by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable, and may dismiss the proceedings if the statement of the cause or causes of contest is insufficient, or for want of prosecution. After hearing the proofs and allegations of the parties, the court shall pronounce judgment in the premises, either confirming or annulling and setting aside such election, according to the law and right of the case.
     If in any such case it shall appear that another person than the one returned has the highest number of legal votes, said court shall declare such person duly elected.

Sec. 1706   RCW 29.65.055 and 1977 ex.s. c 361 s 104 are each reenacted to read as follows:
     COSTS, HOW AWARDED. If the proceedings are dismissed for insufficiency, want of prosecution, or the election is by the court confirmed, judgment shall be rendered against the party contesting such election for costs, in favor of the party charged with error or omission.
     If such election is annulled and set aside, judgment for costs shall be rendered against the party charged with the error or omission and in favor of the party alleging the same.

Sec. 1707   RCW 29.65.060 and 1965 c 9 s 29.65.060 are each amended to read as follows:
     MISCONDUCT OF BOARD--IRREGULARITY MUST BE MATERIAL TO RESULT. No irregularity or improper conduct in the proceedings of any election board or any member ((thereof shall)) of the board amounts to such malconduct as to annul or set aside any election unless the irregularity or improper conduct was such as to procure the person whose right to the office may be contested, to be declared duly elected although ((he)) the person did not receive the highest number of legal votes.

Sec. 1708   RCW 29.65.070 and 1965 c 9 s 29.65.070 are each reenacted to read as follows:
     MISCONDUCT OF BOARD--NUMBER OF VOTES AFFECTED--ENOUGH TO CHANGE RESULT. When any election for an office exercised in and for a county is contested on account of any malconduct on the part of any election board, or any member thereof, the election shall not be annulled and set aside upon any proof thereof, unless the rejection of the vote of such precinct or precincts will change the result as to such office in the remaining vote of the county.

Sec. 1709   RCW 29.65.080 and 1965 c 9 s 29.65.080 are each amended to read as follows:
     ILLEGAL VOTES--ALLEGATION OF IN STATEMENT OF CONTEST. When the reception of illegal votes is alleged as a cause of contest, it ((shall be)) is sufficient to state generally that illegal votes were cast, ((which)) that, if given to the person whose election is contested in the specified precinct or precincts, will, if taken from ((him)) that person, reduce the number of ((his)) the person's legal votes below the number of legal votes given to some other person for the same office.

Sec. 1710   RCW 29.65.090 and 1965 c 9 s 29.65.090 are each amended to read as follows:
     ILLEGAL VOTES--LIST REQUIRED FOR TESTIMONY. No testimony ((shall)) may be received as to any illegal votes unless the party contesting the election delivers to the opposite party, at least three days before trial, a written list of the number of illegal votes and by whom given, ((which he)) that the contesting party intends to prove ((on such)) at the trial. No testimony ((shall)) may be received as to any illegal votes, except as to such as are specified in the list.

Sec. 1711   RCW 29.65.100 and 1965 c 9 s 29.65.100 are each amended to read as follows:
     ILLEGAL VOTES--NUMBER OF VOTES AFFECTED--ENOUGH TO CHANGE RESULT.
No election ((shall)) may be set aside on account of illegal votes, unless it appears that an amount of illegal votes has been given to the person whose right is being contested, ((which)) that, if taken from ((him)) that person, would reduce the number of ((his)) the person's legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes ((which)) that may be shown to have been given to ((such)) the other person.

Sec. 1712   RCW 29.65.120 and 1965 c 9 s 29.65.120 are each reenacted to read as follows:
     NULLIFICATION OF ELECTION CERTIFICATE--WHEN EFFECTIVE. If an election is set aside by the judgment of the superior court and if no appeal is taken therefrom within ten days, the certificate issued shall be thereby rendered void.

PART 18
STATE INITIATIVE AND REFERENDUM

NEW SECTION.  Sec. 1801   VOTER REGISTRATION INFORMATION. The cards required by RCW 29.07.090 must be kept on file in the office of the secretary of state in the manner that will be most convenient for, and for the sole purpose of, checking initiative and referendum petitions. The secretary may maintain an automated file of voter registration information for any county or counties in lieu of filing or maintaining these voter registration cards if the automated file includes all of the information from the cards including, but not limited to, a retrievable facsimile of the signature of each voter of that county or counties. The automated file may be used only for the purpose authorized for the use of the cards.

Sec. 1802   RCW 29.79.010 and 1982 c 116 s 1 are each amended to read as follows:
     FILING PROPOSED MEASURES WITH SECRETARY OF STATE. If any legal voter of the state, either individually or on behalf of an organization, desires to petition the legislature to enact a proposed measure, or submit a proposed initiative measure to the people, or order that a referendum of all or part of any act, bill, or law, passed by the legislature be submitted to the people, he or she shall file with the secretary of state a ((typewritten)) legible copy of the measure proposed, or the act or part of such act on which a referendum is desired, accompanied by an affidavit that the ((proposer)) sponsor is a legal voter and a filing fee prescribed under RCW 43.07.120((, as now or hereafter amended)).

Sec. 1803   RCW 29.79.015 and 1982 c 116 s 2 are each amended to read as follows:
     REVIEW OF INITIATIVE MEASURES BY CODE REVISER'S OFFICE--CERTIFICATE OF REVIEW REQUIRED FOR ASSIGNMENT OF SERIAL NUMBER. Upon receipt of ((any petition proposing an initiative to the people or an initiative to the legislature, and prior to)) a proposed initiative measure, and before giving it a serial number ((thereto)), the secretary of state shall submit a copy thereof to the office of the code reviser and give notice to the ((petitioner)) sponsor of such transmittal. Upon receipt of the measure, the assistant code reviser to whom it has been assigned may confer with the ((petitioner)) sponsor and shall within seven working days from its receipt ((thereof)), review the proposal ((for matters of form and style, and such matters of substantive import as may be agreeable to the petitioner, and shall)) and recommend to the ((petitioner)) sponsor such revision or alteration of the measure as may be deemed necessary and appropriate. The recommendations of the code reviser's office ((shall be)) are advisory only, and the ((petitioner)) sponsor may accept or reject them in whole or in part. The code reviser shall issue a certificate of review certifying that he or she has reviewed the measure ((for form and style)) and that ((the)) any recommendations ((thereon, if any,)) have been communicated to the ((petitioner, and such)) sponsor. The certificate ((shall issue)) must be issued whether or not the ((petitioner)) sponsor accepts such recommendations. Within fifteen working days after notification of submittal of the ((petition)) proposed measure to the code reviser's office, the ((petitioner)) sponsor, if he or she desires to proceed with ((his)) sponsorship, shall file the measure together with the certificate of review with the secretary of state for assignment of a serial number, and the secretary of state shall ((thereupon)) then submit to the code reviser's office a certified copy of the measure filed. Upon ((submitting)) submission of the proposal to the secretary of state for assignment of a serial number, the secretary of state shall refuse to make such assignment unless the proposal is accompanied by a certificate of review.

Sec. 1804   RCW 29.79.020 and 1987 c 161 s 1 are each amended to read as follows:
     TIME FOR FILING VARIOUS TYPES. Initiative measures proposed to be submitted to the people must be filed with the secretary of state within ten months prior to the election at which they are to be submitted, and the signature petitions ((therefor)) must be filed with the secretary of state not less than four months before the next general statewide election.
     Initiative measures proposed to be submitted to the legislature must be filed with the secretary of state within ten months prior to the next regular session of the legislature at which they are to be submitted, and the signature petitions ((therefor)) must be filed with the secretary of state not less than ten days before such regular session of the legislature.
     A referendum measure petition ordering that any act or part ((thereof)) of an act passed by the legislature be referred to the people must be filed with the secretary of state within ninety days after the final adjournment of the legislative session at which the act was passed. It may be submitted at the next general statewide election or at a special election ordered by the legislature.
     A proposed initiative or referendum measure may be filed no earlier than the opening of the secretary of state's office for business pursuant to RCW 42.04.060 on the first day filings are permitted, and any initiative or referendum petition must be filed not later than the close of business on the last business day in the specified period for submission of signatures. If a filing deadline falls on a Saturday, the office of the secretary of state ((shall)) must be open ((on that Saturday)) for the transaction of business under this section from 8:00 a.m. to 5:00 p.m. on that Saturday.

Sec. 1805   RCW 29.79.030 and 1982 c 116 s 3 are each amended to read as follows:
     NUMBERING--TRANSMITTAL TO ATTORNEY GENERAL. The secretary of state shall give a serial number to each initiative, referendum bill, or referendum measure, using a separate series for initiatives to the legislature, initiatives to the people, referendum bills, and referendum measures, and forthwith transmit one copy of the measure proposed bearing its serial number to the attorney general. Thereafter a measure shall be known and designated on all petitions, ballots, and proceedings as "Initiative Measure No. . . . .," "Referendum Bill No. . . . . .," or "Referendum Measure No. . . . .(("))."

Sec. 1806   RCW 29.79.035 and 2000 c 197 s 1 are each reenacted to read as follows:
     BALLOT TITLE--FORMULATION, BALLOT DISPLAY. (1) The ballot title for an initiative to the people, an initiative to the legislature, a referendum bill, or a referendum measure consists of: (a) A statement of the subject of the measure; (b) a concise description of the measure; and (c) a question in the form prescribed in this section for the ballot measure in question. The statement of the subject of a measure must be sufficiently broad to reflect the subject of the measure, sufficiently precise to give notice of the measure's subject matter, and not exceed ten words. The concise description must contain no more than thirty words, be a true and impartial description of the measure's essential contents, clearly identify the proposition to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the measure.
     (2) For an initiative to the people, or for an initiative to the legislature for which the legislature has not proposed an alternative, the ballot title must be displayed on the ballot substantially as follows:

"Initiative Measure No. . . . concerns (statement of subject). This measure would (concise description). Should this measure be enacted into law?


     Yes . . . . . . . . . . . .
     No . . . . . . . . . . . . "

     (3) For an initiative to the legislature for which the legislature has proposed an alternative, the ballot title must be displayed on the ballot substantially as follows:

"Initiative Measure Nos. . . . and . . .B concern (statement of subject).


Initiative Measure No. . . . would (concise description).


As an alternative, the legislature has proposed Initiative Measure No. . . .B, which would (concise description).


1. Should either of these measures be enacted into law?


     Yes . . . . . . . . . . . .
     No . . . . . . . . . . . .

2. Regardless of whether you voted yes or no above, if one of these measures is enacted, which one should it be?


     Measure No. . . . . . . . . . . . .
or
     Measure No. . . . . . . . . . . . . "

     (4) For a referendum bill submitted to the people by the legislature, the ballot issue must be displayed on the ballot substantially as follows:

"The legislature has passed . . . . Bill No. . . . concerning (statement of subject). This bill would (concise description). Should this bill be:


     Approved . . . . . . . . . . . .
     Rejected . . . . . . . . . . . . "

     (5) For a referendum measure by state voters on a bill the legislature has passed, the ballot issue must be displayed on the ballot substantially as follows:

"The legislature passed . . . Bill No. . . . concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. This bill would (concise description). Should this bill be:


     Approved . . . . . . . . . . . .
     Rejected . . . . . . . . . . . . "

     (6) The legislature may specify the statement of subject or concise description, or both, in a referendum bill that it refers to the people. The legislature may specify the concise description for an alternative it submits for an initiative to the legislature. If the legislature fails to specify these matters, the attorney general shall prepare the material that was not specified. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal.
     The attorney general shall specify the statement of subject and concise description for an initiative to the people, an initiative to the legislature, and a referendum measure. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal.

Sec. 1807   RCW 29.79.040 and 2000 c 197 s 2 are each reenacted to read as follows:
     BALLOT TITLE AND SUMMARY--FORMULATION BY ATTORNEY GENERAL. Within five days after the receipt of an initiative or referendum the attorney general shall formulate the ballot title, or portion of the ballot title that the legislature has not provided, required by RCW 29.79.035 and a summary of the measure, not to exceed seventy-five words, and transmit the serial number for the measure, complete ballot title, and summary to the secretary of state. Saturdays, Sundays, and legal holidays are not counted in calculating the time limits in this section.

Sec. 1808   RCW 29.79.050 and 2000 c 197 s 3 are each reenacted to read as follows:
     BALLOT TITLE AND SUMMARY--NOTICE. Upon the filing of the ballot title and summary for a state initiative or referendum measure in the office of secretary of state, the secretary of state shall notify by telephone and by mail, and, if requested, by other electronic means, the person proposing the measure, the prime sponsor of a referendum bill or alternative to an initiative to the legislature, the chief clerk of the house of representatives, the secretary of the senate, and any other individuals who have made written request for such notification of the exact language of the ballot title and summary.

Sec. 1809   RCW 29.79.060 and 2000 c 197 s 4 are each reenacted to read as follows:
     BALLOT TITLE AND SUMMARY--APPEAL TO SUPERIOR COURT. Any persons, including the attorney general or either or both houses of the legislature, dissatisfied with the ballot title or summary for a state initiative or referendum may, within five days from the filing of the ballot title in the office of the secretary of state appeal to the superior court of Thurston county by petition setting forth the measure, the ballot title or summary, and their objections to the ballot title or summary and requesting amendment of the ballot title or summary by the court. Saturdays, Sundays, and legal holidays are not counted in calculating the time limits contained in this section.
     A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the secretary of state, upon the attorney general, and upon the person proposing the measure if the appeal is initiated by someone other than that person. Upon the filing of the petition on appeal or at the time to which the hearing may be adjourned by consent of the appellant, the court shall accord first priority to examining the proposed measure, the ballot title or summary, and the objections to that ballot title or summary, may hear arguments, and shall, within five days, render its decision and file with the secretary of state a certified copy of such ballot title or summary as it determines will meet the requirements of RCW 29.79.040. The decision of the superior court shall be final. Such appeal shall be heard without costs to either party.

Sec. 1810   RCW 29.79.070 and 2000 c 197 s 5 are each reenacted to read as follows:
     BALLOT TITLE AND SUMMARY--MAILED TO PROPONENTS AND OTHER PERSONS--APPEARANCE ON PETITIONS. When the ballot title and summary are finally established, the secretary of state shall file the instrument establishing it with the proposed measure and transmit a copy thereof by mail to the person proposing the measure, the chief clerk of the house of representatives, the secretary of the senate, and to any other individuals who have made written request for such notification. Thereafter such ballot title shall be the title of the measure in all petitions, ballots, and other proceedings in relation thereto. The summary shall appear on all petitions directly following the ballot title.

Sec. 1811   RCW 29.79.080 and 1982 c 116 s 8 are each amended to read as follows:
     PETITIONS--PAPER--SIZE--CONTENTS. The person proposing the measure shall print blank petitions upon single sheets of paper of good writing quality (including but not limited to newsprint) not less than eleven inches in width and not less than fourteen inches in length. Each petition at the time of circulating, signing, and filing with the secretary of state ((shall)) must consist of not more than one sheet with numbered lines for not more than twenty signatures, with the prescribed warning and title, ((shall)) be in the form required by RCW 29.79.090, 29.79.100, or 29.79.110, ((as now or hereafter amended,)) and ((shall)) have a readable, full, true, and correct copy of the proposed measure ((referred to therein)) printed on the reverse side of the petition.

Sec. 1812   RCW 29.79.090 and 1982 c 116 s 9 are each amended to read as follows:
     PETITIONS TO LEGISLATURE--FORM. Petitions for proposing measures for submission to the legislature at its next regular session((, shall)) must be substantially in the following form:


     ((WARNING


     Every person who signs this petition with any other than his or her true name, knowingly signs more than one of these petitions, signs this petition when he or she is not a legal voter, or makes any false statement on this petition may be punished by fine or imprisonment or both.)) The warning prescribed by RCW 29.79.115; followed by:


     INITIATIVE PETITION FOR          SUBMISSION TO THE LEGISLATURE


To the Honorable . . . . . ., Secretary of State of the State of Washington:
     We, the undersigned citizens and legal voters of the State of Washington, respectfully direct that this petition and the proposed measure known as Initiative Measure No. . . . . and entitled (here set forth the established ballot title of the measure), a full, true, and correct copy of which is printed on the reverse side of this petition, be transmitted to the legislature of the State of Washington at its next ensuing regular session, and we respectfully petition the legislature to enact said proposed measure into law; and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington in the city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.

 
((Petitioner's
signature
Print name
for positive
identification
Residence address,
street and number,
if any
City
or
Town

County
(Here follow 20 numbered lines divided into columns as below.)
1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
etc.))   


     The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.

Sec. 1813   RCW 29.79.100 and 1982 c 116 s 10 are each amended to read as follows:
     PETITIONS TO PEOPLE--FORM. Petitions for proposing measures for submission to the people for their approval or rejection at the next ensuing general election((, shall)) must be substantially in the following form:


     ((WARNING


     Every person who signs this petition with any other than his or her true name, knowingly signs more than one of these petitions, signs this petition when he or she is not a legal voter, or makes any false statement on this petition may be punished by fine or imprisonment or both.)) The warning prescribed by RCW 29.79.115; followed by:


     INITIATIVE PETITION FOR          SUBMISSION TO THE PEOPLE


To the Honorable . . . . . ., Secretary of State of the State of Washington:
     We, the undersigned citizens and legal voters of the State of Washington, respectfully direct that the proposed measure known as Initiative Measure No. . . . ., entitled (here insert the established ballot title of the measure), a full, true and correct copy of which is printed on the reverse side of this petition, be submitted to the legal voters of the State of Washington for their approval or rejection at the general election to be held on the . . . . . day of November, ((19. . .)) (year); and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington, in the city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.

 
((Petitioner's
signature
Print name
for positive
identification
Residence address,
street and number,
if any
City
or
Town

County
(Here follow 20 numbered lines divided into columns as below.)
1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
etc.))   


     The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.

Sec. 1814   RCW 29.79.110 and 1993 c 256 s 10 are each amended to read as follows:
     REFERENDUM PETITIONS--FORM. Petitions ordering that acts or parts of acts passed by the legislature be referred to the people at the next ensuing general election, or special election ordered by the legislature, ((shall)) must be substantially in the following form:


     ((WARNING


     Every person who signs this petition with any other than his or her true name, knowingly signs more than one of these petitions, signs this petition when he or she is not a legal voter, or makes any false statement on this petition may be punished by fine or imprisonment or both.)) The warning prescribed by RCW 29.79.115; followed by:


     PETITION FOR REFERENDUM


To the Honorable . . . . . ., Secretary of State of the State of Washington:
     We, the undersigned citizens and legal voters of the State of Washington, respectfully order and direct that Referendum Measure No. . . . . ., filed to revoke a (or part or parts of a) bill that (concise statement required by RCW ((29.79.055)) 29.27.066 (as recodified by this act)) and that was passed by the . . . . . . legislature of the State of Washington at the last regular (special) session of said legislature, shall be referred to the people of the state for their approval or rejection at the regular (special) election to be held on the . . . . day of November, ((19. . .)) (year); and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington, in the city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.

 
((Petitioner's
signature
Print name
for positive
identification
Residence address,
street and number,
if any
City
or
Town

County
(Here follow 20 numbered lines divided into columns as below.)
1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
etc.))   


     The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.

Sec. 1815   RCW 29.79.115 and 1993 c 256 s 5 are each amended to read as follows:
     WARNING STATEMENT--FURTHER REQUIREMENTS. The word "warning" and the following warning statement regarding signing petitions ((that)) must appear on petitions as prescribed by ((RCW 29.79.090, 29.79.100, and 29.79.110 shall)) this title and must be printed on each petition sheet such that they occupy not less than four square inches of the front of the petition sheet.


     WARNING


     Every person who signs this petition with any other than his or her true name, knowingly signs more than one of these petitions, signs this petition when he or she is not a legal voter, or makes any false statement on this petition may be punished by fine or imprisonment or both.

Sec. 1816   RCW 29.79.120 and 1982 c 116 s 12 are each amended to read as follows:
     PETITIONS--SIGNATURES--NUMBER NECESSARY. When the person proposing any initiative measure has ((secured upon such initiative petition a number of)) obtained signatures of legal voters equal to or exceeding eight percent of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification, or when the person or organization demanding any referendum of an act or part of an act of the legislature ((or any part thereof has secured upon any such referendum petition)) has obtained a number of signatures of legal voters equal to or exceeding four percent of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification, ((he or they may submit)) the petition containing the signatures may be submitted to the secretary of state for filing.

Sec. 1817   RCW 29.79.140 and 1965 c 9 s 29.79.140 are each reenacted to read as follows:
     PETITIONS--TIME FOR FILING. The time for submitting initiative or referendum petitions to the secretary of state for filing is as follows:
     (1) A referendum petition ordering and directing that the whole or some part or parts of an act passed by the legislature be referred to the people for their approval or rejection at the next ensuing general election or a special election ordered by the legislature, must be submitted not more than ninety days after the final adjournment of the session of the legislature which passed the act;
     (2) An initiative petition proposing a measure to be submitted to the people for their approval or rejection at the next ensuing general election, must be submitted not less than four months before the date of such election;
     (3) An initiative petition proposing a measure to be submitted to the legislature at its next ensuing regular session must be submitted not less than ten days before the commencement of the session.

Sec. 1818   RCW 29.79.150 and 1982 c 116 s 13 are each amended to read as follows:
     PETITIONS--ACCEPTANCE OR REJECTION BY SECRETARY OF STATE. The secretary of state may refuse to file any initiative or referendum petition being submitted upon any of the following grounds:
     (1) That the petition ((is not in the form)) does not contain the information required by RCW 29.79.090, 29.79.100, or 29.79.110 ((as now or hereafter amended)).
     (2) That the petition clearly bears insufficient signatures.
     (3) That the time within which the petition may be filed has expired.
     In case of such refusal, the secretary of state shall endorse on the petition the word "submitted" and the date, and retain the petition pending appeal.
     If none of the grounds for refusal exists, the secretary of state must accept and file the petition.

Sec. 1819   RCW 29.79.160 and 1965 c 9 s 29.79.160 are each amended to read as follows:
     PETITIONS--REVIEW OF REFUSAL TO ACCEPT AND FILE. If the secretary of state refuses to file an initiative or referendum petition when submitted ((to him)) for filing, the persons submitting it for filing may, within ten days after ((his)) the refusal, apply to the superior court of Thurston county for ((a citation)) an order requiring the secretary of state to bring the petitions before the court, and for a writ of mandate to compel ((him)) the secretary of state to file it. The application ((shall)) takes precedence over other cases and matters and ((shall)) must be speedily heard and determined.
     If the court issues the citation, and determines that the petition is legal in form and apparently contains the requisite number of signatures and was submitted for filing within the time prescribed in the Constitution, it shall issue its mandate requiring the secretary of state to file it ((in his office)) as of the date of submission for filing.
     The decision of the superior court granting a writ of mandate ((shall be)) is final.

Sec. 1820   RCW 29.79.170 and 1988 c 202 s 28 are each amended to read as follows:
     PETITIONS--REVIEW--APPELLATE REVIEW OF SUPERIOR COURT'S REFUSAL TO ISSUE MANDATE. The decision of the superior court refusing to grant a writ of mandate((,)) may be reviewed by the supreme court within five days after the decision of the superior court. The review ((shall)) must be considered an emergency matter of public concern, and ((shall)) be heard and determined with all convenient speed((, and)). If the supreme court decides that the petitions are legal in form and apparently contain the requisite number of signatures of legal voters, and were filed within the time prescribed in the Constitution, it shall issue its mandate directing the secretary of state to file the petition ((in his office)) as of the date of submission.

Sec. 1821   RCW 29.79.180 and 1965 c 9 s 29.79.180 are each reenacted to read as follows:
     PETITIONS--DESTRUCTION ON FINAL REFUSAL. If no appeal is taken from the refusal of the secretary of state to file a petition within the time prescribed, or if an appeal is taken and the secretary of state is not required to file the petition by the mandate of either the superior or the supreme court, the secretary of state shall destroy it.

Sec. 1822   RCW 29.79.190 and 1982 c 116 s 14 are each reenacted to read as follows:
     PETITIONS--CONSOLIDATION INTO VOLUMES. If the secretary of state accepts and files an initiative or referendum petition upon its being submitted for filing or if he or she is required to file it by the court, he or she shall, in the presence of the person submitting such petition for filing if he or she desires to be present, arrange and assemble the sheets containing the signatures into such volumes as will be most convenient for verification and canvassing and shall consecutively number the volumes and stamp the date of filing on each volume.

Sec. 1823   RCW 29.79.200 and 1993 c 368 s 1 are each reenacted to read as follows:
     PETITIONS--VERIFICATION AND CANVASS OF SIGNATURES, OBSERVERS--STATISTICAL SAMPLING--INITIATIVES TO LEGISLATURE, CERTIFICATION OF.
Upon the filing of an initiative or referendum petition, the secretary of state shall proceed to verify and canvass the names of the legal voters on the petition. The verification and canvass of signatures on the petition may be observed by persons representing the advocates and opponents of the proposed measure so long as they make no record of the names, addresses, or other information on the petitions or related records during the verification process except upon the order of the superior court of Thurston county. The secretary of state 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 verification process. Any such limitation shall apply equally to both sides. The secretary of state may use any statistical sampling techniques for this verification and canvass which have been adopted by rule as provided by chapter 34.05 RCW. No petition will be rejected on the basis of any statistical method employed, and no petition will be accepted on the basis of any statistical method employed if such method indicates that the petition contains fewer than the requisite number of signatures of legal voters. If the secretary of state finds the same name signed to more than one petition, he or she shall reject all but the first such valid signature. For an initiative to the legislature, the secretary of state shall transmit a certified copy of the proposed measure to the legislature at the opening of its session and, as soon as the signatures on the petition have been verified and canvassed, the secretary of state shall send to the legislature a certificate of the facts relating to the filing, verification, and canvass of the petition.

Sec. 1824   RCW 29.79.210 and 1988 c 202 s 29 are each reenacted to read as follows:
     PETITIONS--COUNT OF SIGNATURES--REVIEW. Any citizen dissatisfied with the determination of the secretary of state that an initiative or referendum petition contains or does not contain the requisite number of signatures of legal voters may, within five days after such determination, apply to the superior court of Thurston county for a citation requiring the secretary of state to submit the petition to said court for examination, and for a writ of mandate compelling the certification of the measure and petition, or for an injunction to prevent the certification thereof to the legislature, as the case may be. Such application and all proceedings had thereunder shall take precedence over other cases and shall be speedily heard and determined.
     The decision of the superior court granting or refusing to grant the writ of mandate or injunction may be reviewed by the supreme court within five days after the decision of the superior court, and if the supreme court decides that a writ of mandate or injunction, as the case may be, should issue, it shall issue the writ directed to the secretary of state; otherwise, it shall dismiss the proceedings. The clerk of the supreme court shall forthwith notify the secretary of state of the decision of the supreme court.

Sec. 1825   RCW 29.79.230 and 1965 c 9 s 29.79.230 are each amended to read as follows:
     INITIATIVES AND REFERENDUMS TO VOTERS--CERTIFICATES OF
SUFFICIENCY.
If a referendum or initiative petition for submission of a measure to the people is found sufficient, the secretary of state shall at the time and in the manner that he or she certifies to the county auditors of the various counties the names of candidates for state and district officers certify to each county auditor the serial numbers and ballot titles of the several initiative and referendum measures to be voted upon at the next ensuing general election or special election ordered by the legislature.

Sec. 1826   RCW 29.79.270 and 1965 c 9 s 29.79.270 are each reenacted to read as follows:
     REJECTED INITIATIVE TO LEGISLATURE TREATED AS REFERENDUM
BILL.
Whenever any measure proposed by initiative petition for submission to the legislature is rejected by the legislature or the legislature takes no action thereon before the end of the regular session at which it is submitted, the secretary of state shall certify the serial number and ballot title thereof to the county auditors for printing on the ballots at the next ensuing general election in like manner as initiative measures for submission to the people are certified.

Sec. 1827   RCW 29.79.280 and 1965 c 9 s 29.79.280 are each reenacted to read as follows:
     SUBSTITUTE FOR REJECTED INITIATIVE TREATED AS REFERENDUM BILL. If the legislature, having rejected a measure submitted to it by initiative petition, proposes a different measure dealing with the same subject, the secretary of state shall give that measure the same number as that borne by the initiative measure followed by the letter "B." Such measure so designated as "Alternative Measure No. . . . . B," together with the ballot title thereof, when ascertained, shall be certified by the secretary of state to the county auditors for printing on the ballots for submission to the voters for their approval or rejection in like manner as initiative measures for submission to the people are certified.

Sec. 1828   RCW 29.79.290 and 2000 c 197 s 6 are each reenacted to read as follows:
     SUBSTITUTE FOR REJECTED INITIATIVE--CONCISE DESCRIPTION. For a measure designated as "Alternative Measure No. . . . . B," the secretary of state shall obtain from the measure adopting the alternative, or otherwise the attorney general, a concise description of the alternative measure that differs from the concise description of the original initiative and indicates as clearly as possible the essential differences between the two measures.

Sec. 1829   RCW 29.79.300 and 1965 c 9 s 29.79.300 are each amended to read as follows:
     PRINTING BALLOT TITLES ON BALLOTS--ORDER AND FORM. The county auditor of each county shall ((cause to be printed)) print on the official ballots for the election at which initiative and referendum measures are to be submitted to the people for their approval or rejection, the serial numbers and ballot titles((,)) certified by the secretary of state. They ((shall)) must appear under separate headings in the order of the serial numbers as follows:
     (1) Measures proposed for submission to the people by initiative petition ((shall)) will be under the heading, "Proposed by Initiative Petition";
     (2) Bills passed by the legislature and ordered referred to the people by referendum petition ((shall)) will be under the heading, "Passed by the Legislature and Ordered Referred by Petition";
     (3) Bills passed and referred to the people by the legislature ((shall)) will be under the heading, "Proposed to the People by the Legislature";
     (4) Measures proposed to the legislature and rejected or not acted upon ((shall)) will be under the heading, "Proposed to the Legislature and Referred to the People";
     (5) Measures proposed to the legislature and alternative measures passed by the legislature in lieu thereof ((shall)) will be under the heading, "Initiated by Petition and Alternative by Legislature."

PART 19
REDISTRICTING

Sec. 1901   RCW 29.70.100 and 1984 c 13 s 4 are each reenacted to read as follows:
     COUNTIES, MUNICIPAL CORPORATIONS, AND SPECIAL PURPOSE DISTRICTS.
(1) It is the responsibility of each county, municipal corporation, and special purpose district with a governing body comprised of internal director, council, or commissioner districts not based on statutorily required land ownership criteria to periodically redistrict its governmental unit, based on population information from the most recent federal decennial census.
     (2) Within forty-five days after receipt of federal decennial census information applicable to a specific local area, the commission established in RCW 44.05.030 shall forward the census information to each municipal corporation, county, and district charged with redistricting under this section.
     (3) No later than eight months after its receipt of federal decennial census data, the governing body of the municipal corporation, county, or district shall prepare a plan for redistricting its internal or director districts.
     (4) The plan shall be consistent with the following criteria:
     (a) Each internal director, council, or commissioner district shall be as nearly equal in population as possible to each and every other such district comprising the municipal corporation, county, or special purpose district.
     (b) Each district shall be as compact as possible.
     (c) Each district shall consist of geographically contiguous area.
     (d) Population data may not be used for purposes of favoring or disfavoring any racial group or political party.
     (e) To the extent feasible and if not inconsistent with the basic enabling legislation for the municipal corporation, county, or district, the district boundaries shall coincide with existing recognized natural boundaries and shall, to the extent possible, preserve existing communities of related and mutual interest.
     (5) During the adoption of its plan, the municipal corporation, county, or district shall ensure that full and reasonable public notice of its actions is provided. The municipal corporation, county, or district shall hold at least one public hearing on the redistricting plan at least one week before adoption of the plan.
     (6)(a) Any registered voter residing in an area affected by the redistricting plan may request review of the adopted local plan by the superior court of the county in which he or she resides, within forty-five days of the plan's adoption. Any request for review must specify the reason or reasons alleged why the local plan is not consistent with the applicable redistricting criteria. The municipal corporation, county, or district may be joined as respondent. The superior court shall thereupon review the challenged plan for compliance with the applicable redistricting criteria set out in subsection (4) of this section.
     (b) If the superior court finds the plan to be consistent with the requirements of this section, the plan shall take effect immediately.
     (c) If the superior court determines the plan does not meet the requirements of this section, in whole or in part, it shall remand the plan for further or corrective action within a specified and reasonable time period.
     (d) If the superior court finds that any request for review is frivolous or has been filed solely for purposes of harassment or delay, it may impose appropriate sanctions on the party requesting review, including payment of attorneys' fees and costs to the respondent municipal corporation, county, or district.

Sec. 1902   RCW 29.15.026 and 1991 c 178 s 2 are each reenacted to read as follows:
     INFORMATION ON GEOGRAPHICAL BOUNDARIES. (1) The legislative authority of each county and each city, town, and special purpose district which lies entirely within the county shall provide the county auditor accurate information describing its geographical boundaries and the boundaries of its director, council, or commissioner districts and shall ensure that the information provided to the auditor is kept current.
     (2) A city, town, or special purpose district that lies in more than one county shall provide the secretary of state accurate information describing its geographical boundaries and the boundaries of its director, council, or commissioner districts and shall ensure that the information provided to the secretary is kept current. The secretary of state shall promptly transmit to each county in which a city, town, or special purpose district is located information regarding the boundaries of that jurisdiction which is provided to the secretary.

Sec. 1903   RCW 29.10.060 and 1971 ex.s. c 202 s 27 are each amended to read as follows:
     CHANGE OF PRECINCT BOUNDARIES--TRANSFER OF REGISTRATION. If the boundaries of any city, township, or rural precinct are changed in the manner provided by law, the county auditor shall transfer the registration cards of every registered voter whose place of residence is affected thereby to the files of the proper precinct, noting thereon the name or number of the new precinct, or change the addresses, the precinct names or numbers, and the special district designations for those registered voters on the voter registration lists of the county. It shall not be necessary for any registered voter whose residence has been changed from one precinct to another, by a change of boundary, to apply to the registration officer for a transfer of registration. The county auditor shall mail to each registrant in the new precinct a notice that his or her precinct has been changed from . . . . . . to . . . . . ., and that thereafter ((he)) the registrant will be entitled to vote in the new precinct, giving the name or number.

Sec. 1904   RCW 29.04.140 and 1989 c 278 s 2 are each amended to read as follows:
     MAPS AND CENSUS CORRESPONDENCE LISTS--APPORTIONMENT--DUTIES OF SECRETARY OF STATE. (1) With regard to functions relating to census, apportionment, and the establishment of legislative and congressional districts, the secretary of state shall:
     (a) ((Adopt rules pursuant to chapter 34.05 RCW governing the preparation, maintenance, distribution, review, and filing of precinct maps under RCW 29.04.050;
     (b)
)) Coordinate and monitor precinct mapping functions of the county auditors and county engineers;
     (((c))) (b) Maintain official state base maps and correspondence lists and maintain an index of all such maps and lists;
     (((d))) (c) Furnish to the United States bureau of the census as needed for the decennial census of population, current, accurate, and easily readable versions of maps of all counties, cities, towns, and other areas of this state, which indicate current precinct boundaries together with copies of the census correspondence lists.
     (2) The secretary of state shall serve as the state liaison with the United States bureau of census on matters relating to the preparation of maps and the tabulation of population for apportionment purposes.

PART 20
POLITICAL PARTIES

Sec. 2001   RCW 29.42.010 and 1977 ex.s. c 329 s 16 are each amended to read as follows:
     AUTHORITY--GENERALLY. (1) Each political party organization ((shall have the power to)) may:
     (((1))) (a) Make its own rules and regulations;
     (((2) Call conventions;
     (3) Elect delegates to conventions, state and national;
     (4) Fill vacancies on the ticket;
     (5) Provide for the nomination of presidential electors;
)) and
     (((6))) (b) Perform all functions inherent in such an organization((:)).
     ((PROVIDED, That)) (2) Only major political parties ((shall have the power to)) may designate candidates to appear on the state primary ((election)) ballot as provided in RCW 29.18.150 ((as now or hereafter amended)).

Sec. 2002   RCW 29.42.020 and 1987 c 295 s 11 are each amended to read as follows:
     STATE COMMITTEE. The state committee of each major political party ((shall)) consists of one committeeman and one committeewoman from each county elected by the county central committee at its organization meeting. It ((shall)) must have a chair and vice-chair ((who must be)) of opposite sexes. This committee shall meet during January of each odd-numbered year for the purpose of organization at a time and place designated by a ((sufficient notice to all the newly elected state committeemen and committeewomen by the authorized officers of the retiring committee. For the purpose of this section a)) notice mailed at least one week ((prior to)) before the date of the meeting ((shall constitute sufficient notice)) to all the newly elected state committeemen and committeewomen by the authorized officers of the retiring committee. At its organizational meeting it shall elect its chair and vice-chair, and such officers as its bylaws may provide, and adopt bylaws, rules, and regulations. It ((shall have power to)) may:
     (1) Call conventions at such time and place and under such circumstances and for such purposes as the call to convention ((shall)) designates. The manner, number, and procedure for selection of state convention delegates ((shall be)) is subject to the committee's rules and regulations duly adopted;
     (2) Provide for the election of delegates to national conventions;
     (3) Fill vacancies on the ticket for any federal or state office to be voted on by the electors of more than one county;
     (4) Provide for the nomination of presidential electors; and
     (5) Perform all functions inherent in such an organization.
     Notwithstanding any provision of this chapter, the committee ((shall not set rules which shall govern)) may not adopt rules governing the conduct of the actual proceedings at a party state convention.

Sec. 2003   RCW 29.42.030 and 1987 c 295 s 12 are each amended to read as follows:
     COUNTY CENTRAL COMMITTEE--ORGANIZATION MEETINGS. The county central committee of each major political party ((shall)) consists of the precinct committee officers of the party from the several voting precincts of the county. Following each state general election held in even-numbered years, this committee shall meet for the purpose of organization at an easily accessible location within the county, subsequent to the certification of precinct committee officers by the county auditor and no later than the second Saturday of the following January. The authorized officers of the retiring committee shall cause notice of the time and place of ((such)) the meeting to be mailed to each precinct committee officer at least seventy-two hours ((prior to)) before the date of the meeting.
     At its organization meeting, the county central committee shall elect a chair and vice-chair ((who must be)) of opposite sexes((; it shall also elect a state committeeman and a state committeewoman)).

Sec. 2004   RCW 29.42.040 and 1990 c 59 s 104 are each reenacted to read as follows:
     PRECINCT COMMITTEE OFFICER, ELIGIBILITY. Any 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 29.15.010 with the county auditor for the office of precinct committee officer of his or her party in that precinct. When elected 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 election in the even-numbered year.

Sec. 2005   RCW 29.42.050 and 1991 c 363 s 34 are each amended to read as follows:
     PRECINCT COMMITTEE OFFICER--ELECTION--DECLARATION OF CANDIDACY, FEE--TERM--VACANCY. The statutory requirements for filing as a candidate at the primaries ((shall)) apply to candidates for precinct committee officer, except that the filing period for this office alone ((shall be)) 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 29.18.150((, and)). The office shall not be voted upon at the primaries, but the names of all candidates must appear under the proper party and office designations on the ballot for the general ((November)) election for each even-numbered year, and the one receiving the highest number of votes ((shall)) will be declared elected((: PROVIDED, That)). 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. ((Any person elected to the office of precinct committee officer who has not filed a declaration of candidacy shall pay the fee of one dollar to the county auditor for a certificate of election.)) The term of office of precinct committee officer ((shall be for)) is two years, commencing upon completion of the official canvass of votes by the county canvassing board of election returns. ((Should any vacancy occur in this office by reason of death, resignation, or disqualification of the incumbent, or because of failure to elect, the respective county chair of the county central committee shall be empowered to fill such vacancy by appointment: PROVIDED, HOWEVER, That in legislative districts having a majority of its precincts in a county with a population of one million or more, such appointment shall be made only upon the recommendation of the legislative district chair: PROVIDED, That the person so appointed shall have the same qualifications as candidates when filing for election to such office for such precinct: PROVIDED FURTHER, That when a vacancy in the office of precinct committee officer exists because of failure to elect at a state general election, such vacancy shall not be filled until after the organization meeting of the county central committee and the new county chair selected as provided by RCW 29.42.030.))

Sec. 2006   RCW 29.42.070 and 1991 c 363 s 35 are each amended to read as follows:
     LEGISLATIVE DISTRICT CHAIR--ELECTION--TERM--REMOVAL. Within forty-five days after the statewide general election in even-numbered years, ((or within thirty days following July 30, 1967, for the biennium ending with the 1968 general elections,)) the county chair of each major political party shall call separate meetings of all elected precinct committee officers in each legislative district, a majority of the precincts of which are within a county with a population of one million or more for the purpose of electing a legislative district chair in such district. The district chair shall hold office until the next legislative district reorganizational meeting two years later, or until a successor is elected.
     The legislative district chair ((can only)) may be removed only by the majority vote of the elected precinct committee officers in the chair's district.

PART 21
CRIMES AND PENALTIES
Subpart 21.1
General Provisions

Sec. 2101   RCW 29.85.245 and 2001 c 41 s 12 are each amended to read as follows:
     ACTION AGAINST VOTING, REGISTRATION IRREGULARITIES. (1) A county auditor who suspects a person of fraudulent voter registration, vote tampering, or irregularities in voting shall transmit his or her suspicions and observations without delay to the canvassing board.
     (2) The county auditor shall make a good faith effort to contact the person in question without delay. If the county auditor is unable to contact the person, or if, after contacting the person, the auditor still suspects fraudulent voter registration, vote tampering, or irregularities in voting, the auditor shall refer the issue to the county prosecuting attorney to determine if further action is warranted.
     (3) When a complaint providing information concerning fraudulent voter registration, vote tampering, or irregularities in voting ((are [is])) is presented to the office of the prosecuting attorney, that office shall file charges in all cases where warranted.

Sec. 2102   RCW 29.82.210 and 1965 c 9 s 29.82.210 are each amended to read as follows:
     VIOLATIONS BY OFFICERS. Every officer who willfully violates ((any of the provisions of this chapter)) sections 1407 through 1423 of this act, for the violation of which no penalty is ((herein)) prescribed in this title or who willfully fails to comply with the provisions of this chapter ((shall be)) is guilty of a gross misdemeanor.

Sec. 2103   RCW 29.38.070 and 2001 c 241 s 21 are each amended to read as follows:
     PENALTY. A person who willfully violates any provision of this ((chapter)) title regarding the conduct of mail ballot primaries or elections is guilty of a class C felony punishable under RCW 9A.20.021.

Sec. 2104   RCW 29.85.275 and 1991 c 81 s 19 are each reenacted to read as follows:
     POLITICAL ADVERTISING, REMOVING OR DEFACING. A person who removes or defaces lawfully placed political advertising including yard signs or billboards without authorization is guilty of a misdemeanor punishable to the same extent as a misdemeanor that is punishable under RCW 9A.20.021. The defacement or removal of each item constitutes a separate violation.

Subpart 21.2
Registration

Sec. 2105   RCW 29.07.400 and 1994 c 57 s 24 are each reenacted to read as follows:
     OFFICIALS' VIOLATIONS. If any county auditor or registration assistant:
     (1) Willfully neglects or refuses to perform any duty required by law in connection with the registration of voters; or
     (2) Willfully neglects or refuses to perform such duty in the manner required by voter registration law; or
     (3) Enters or causes or permits to be entered on the voter registration records the name of any person in any other manner or at any other time than as prescribed by voter registration law or enters or causes or permits to be entered on such records the name of any person not entitled to be thereon; or
     (4) Destroys, mutilates, conceals, changes, or alters any registration record in connection therewith except as authorized by voter registration law,
he or she is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

Sec. 2106   RCW 29.07.405 and 2001 c 41 s 2 are each reenacted to read as follows:
     DISENFRANCHISEMENT OR DISCRIMINATION--PENALTY. An election officer or a person who intentionally disenfranchises an eligible citizen or discriminates against a person eligible to vote by denying voter registration is guilty of a misdemeanor punishable under RCW 9A.20.021.

Sec. 2107   RCW 29.07.410 and 1994 c 57 s 25 are each reenacted to read as follows:
     VOTERS' AND OFFICIALS' VIOLATIONS. Any person who:
     (1) Knowingly provides false information on an application for voter registration under any provision of this title;
     (2) Knowingly makes or attests to a false declaration as to his or her qualifications as a voter;
     (3) Knowingly causes or permits himself or herself to be registered using the name of another person;
     (4) Knowingly causes himself or herself to be registered under two or more different names;
     (5) Knowingly causes himself or herself to be registered in two or more counties;
     (6) Offers to pay another person to assist in registering voters, where payment is based on a fixed amount of money per voter registration;
     (7) Accepts payment for assisting in registering voters, where payment is based on a fixed amount of money per voter registration; or
     (8) Knowingly causes any person to be registered or causes any registration to be transferred or canceled except as authorized under this title,
is guilty of a class C felony punishable under RCW 9A.20.021.

Sec. 2108   RCW 29.85.249 and 2001 c 41 s 13 are each reenacted to read as follows:
     UNQUALIFIED REGISTRATION. A person who knows that he or she does not possess the legal qualifications of a voter and who registers to vote is guilty of a misdemeanor punishable under RCW 9A.20.021.

Subpart 21.3
Petitions and Signatures

Sec. 2109   RCW 29.79.480 and 1993 c 256 s 3 are each amended to read as follows:
     VIOLATIONS BY OFFICERS. Every officer who willfully violates any of the provisions of ((this chapter or)) chapter 29A.--- (Part 18 of this act) or 29.81 RCW, for the violation of which no penalty is herein prescribed, or who willfully fails to comply with the provisions of ((this chapter or)) chapter 29A.--- (Part 18 of this act) or 29.81 RCW, ((shall be)) is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

Sec. 2110   RCW 29.82.220 and 1984 c 170 s 12 are each amended to read as follows:
     VIOLATIONS--CORRUPT PRACTICES. Every person is guilty of a gross misdemeanor, who:
     (1) For any consideration, compensation, gratuity, reward, or thing of value or promise thereof, signs or declines to sign any recall petition; or
     (2) Advertises in any newspaper, magazine or other periodical publication, or in any book, pamphlet, circular, or letter, or by means of any sign, signboard, bill, poster, handbill, or card, or in any manner whatsoever, that he or she will either for or without compensation or consideration circulate, solicit, procure, or obtain signatures upon, or influence or induce or attempt to influence or induce persons to sign or not to sign any recall petition or vote for or against any recall; or
     (3) For pay or any consideration, compensation, gratuity, reward, or thing of value or promise thereof, circulates, or solicits, procures, or obtains or attempts to procure or obtain signatures upon any recall petition; or
     (4) Pays or offers or promises to pay, or gives or offers or promises to give any consideration, compensation, gratuity, reward, or thing of value to any person to induce him or her to sign or not to sign, or to circulate or solicit, procure, or attempt to procure or obtain signatures upon any recall petition, or to vote for or against any recall; or
     (5) By any other corrupt means or practice or by threats or intimidation interferes with or attempts to interfere with the right of any legal voter to sign or not to sign any recall petition or to vote for or against any recall; or
     (6) Receives, accepts, handles, distributes, pays out, or gives away, directly or indirectly, any money, consideration, compensation, gratuity, reward, or thing of value contributed by or received from any person, firm, association, or corporation whose residence or principal office is, or the majority of whose stockholders are nonresidents of the state of Washington, for any service, work, or assistance of any kind done or rendered for the purpose of aiding in procuring signatures upon any recall petition or the adoption or rejection of any recall.

Sec. 2111   RCW 29.79.440 and 1993 c 256 s 2 are each amended to read as follows:
     VIOLATIONS BY SIGNERS. Every person who signs an initiative or referendum petition with any other than his or her true name ((shall be)) is guilty of a class C felony punishable under RCW 9A.20.021. Every person who knowingly signs more than one petition for the same initiative or referendum measure or who signs an initiative or referendum petition knowing that he or she is not a legal voter or who makes a false statement as to his or her residence on any initiative or referendum petition, ((shall be)) is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

Sec. 2112   RCW 29.82.170 and 1984 c 170 s 11 are each amended to read as follows:
     VIOLATIONS BY SIGNERS -- OFFICERS. Every person who signs a recall petition with any other than his or her true name is guilty of a felony. Every person who knowingly (1) signs more than one petition for the same recall, (2) signs a recall petition when he or she is not a legal voter, or (3) makes a false statement as to ((his)) residence on any recall petition is guilty of a gross misdemeanor. Every registration officer who makes any false report or certificate on any recall petition is guilty of a gross misdemeanor.

Sec. 2113   RCW 29.79.490 and 1993 c 256 s 4 are each amended to read as follows:
     VIOLATIONS--CORRUPT PRACTICES. Every person ((shall be)) is guilty of a gross misdemeanor who:
     (1) For any consideration or gratuity or promise thereof, signs or declines to sign any initiative or referendum petition; or
     (2) Provides or receives consideration for soliciting or procuring signatures on an initiative or referendum petition if any part of the consideration is based upon the number of signatures solicited or procured, or offers to provide or agrees to receive such consideration any of which is based on the number of signatures solicited or procured; or
     (3) Gives or offers any consideration or gratuity to any person to induce him or her to sign or not to sign or to vote for or against any initiative or referendum measure; or
     (4) Interferes with or attempts to interfere with the right of any voter to sign or not to sign an initiative or referendum petition or with the right to vote for or against an initiative or referendum measure by threats, intimidation, or any other corrupt means or practice; or
     (5) Receives, handles, distributes, pays out, or gives away, directly or indirectly, money or any other thing of value contributed by or received from any person, firm, association, or corporation whose residence or principal office is, or the majority of whose members or stockholders have their residence outside, the state of Washington, for any service rendered for the purpose of aiding in procuring signatures upon any initiative or referendum petition or for the purpose of aiding in the adoption or rejection of any initiative or referendum measure((: PROVIDED, That)). This subsection ((shall)) does not apply to or prohibit any activity ((which)) that is properly reported in accordance with the applicable provisions of chapter 42.17 RCW.
     A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

Sec. 2114   RCW 29.15.080 and 1984 c 142 s 8 are each reenacted to read as follows:
     PETITIONS -- PENALTIES FOR IMPROPERLY SIGNING. The following apply to persons signing nominating petitions prescribed by RCW 29.15.060:
     (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.

Sec. 2115   RCW 29.15.110 and 1965 c 9 s 29.18.080 are each amended to read as follows:
     DUPLICATION OF NAMES -- CONSPIRACY -- CRIMINAL AND CIVIL LIABILITY.
Any person who with intent to mislead or confuse the electors conspires with another person who has a surname similar to an incumbent seeking reelection to the same office, or to an opponent for the same office whose political reputation has been well established, by persuading such other person to file for such office with no intention of being elected, but to defeat the incumbent or the well known opponent, ((shall be)) is guilty of a felony. In addition ((thereto such person or persons shall be)), all conspirators are subject to a suit for civil damages, the amount of which ((shall)) may not exceed the salary ((which)) that the injured person would have received had he or she been elected or reelected.

Sec. 2116   RCW 29.79.500 and 1993 c 256 s 1 are each reenacted to read as follows:
     PAID PETITION SOLICITORS--FINDING. The legislature finds that paying a worker, whose task it is to secure the signatures of voters on initiative or referendum petitions, on the basis of the number of signatures the worker secures on the petitions encourages the introduction of fraud in the signature gathering process. Such a form of payment may act as an incentive for the worker to encourage a person to sign a petition which the person is not qualified to sign or to sign a petition for a ballot measure even if the person has already signed a petition for the measure. Such payments also threaten the integrity of the initiative and referendum process by providing an incentive for misrepresenting the nature or effect of a ballot measure in securing petition signatures for the measure.

Subpart 21.4
Filing for Office, Declarations, and Nominations

NEW SECTION.  Sec. 2117   FILING FOR OFFICE, DECLARATIONS, AND NOMINATIONS. Every person who:
     (1) Knowingly provides false information on his or her declaration of candidacy or petition of nomination; or
     (2) Conceals or fraudulently defaces or destroys a certificate that has been filed with an elections officer under chapter 29.24 RCW 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.

Sec. 2118   RCW 29.15.100 and 1965 c 9 s 29.18.070 are each amended to read as follows:
     DUPLICATION OF, USE OF NONEXISTENT OR UNTRUE NAMES, AS FELONY. A person is guilty of a felony who files a declaration of candidacy for any public office of:
     (1) A nonexistent or fictitious person; or
     (2) The name of any person not his or her true name; or
     (3) A name similar to that of an incumbent seeking reelection to the same office with intent to confuse and mislead the electors by taking advantage of the public reputation of the incumbent; or
     (4) A surname similar to one who has already filed for the same office, and whose political reputation is widely known, with intent to confuse and mislead the electors by capitalizing on the public reputation of the candidate who had previously filed.

Subpart 21.5
Ballots

Sec. 2119   RCW 29.85.040 and 1991 c 81 s 3 are each reenacted to read as follows:
     BALLOTS--UNLAWFUL APPROPRIATION, PRINTING, OR DISTRIBUTION. Any person who is retained or employed by any officer authorized by the laws of this state to procure the printing of any official ballot or who is engaged in printing official ballots is guilty of a gross misdemeanor if the person knowingly:
     (1) Appropriates any official ballot to himself or herself; or
     (2) Gives or delivers any official ballot to or permits any official ballot to be taken by any person other than the officer authorized by law to receive it; or
     (3) Prints or causes to be printed any official ballot: (a) In any other form than that prescribed by law or as directed by the officer authorized to procure the printing thereof; or (b) with any other names thereon or with the names spelled otherwise than as directed by such officer, or the names or printing thereon arranged in any other way than that authorized and directed by law.
     A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

Sec. 2120   RCW 29.85.020 and 1991 c 81 s 2 are each reenacted to read as follows:
     UNAUTHORIZED EXAMINATION OF BALLOTS, ELECTION MATERIALS--REVEALING INFORMATION. (1) It is a gross misdemeanor for a person to examine, or assist another to examine, any voter record, ballot, or any other state or local government official election material if the person, without lawful authority, conducts the examination:
     (a) For the purpose of identifying the name of a voter and how the voter voted; or
     (b) For the purpose of determining how a voter, whose name is known to the person, voted; or
     (c) For the purpose of identifying the name of the voter who voted in a manner known to the person.
     (2) Any person who reveals to another information which the person ascertained in violation of subsection (1) of this section is guilty of a gross misdemeanor.
     (3) A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

Subpart 21.6
Polling Place

Sec. 2121   RCW 29.51.020 and 1991 c 81 s 20 are each reenacted to read as follows:
     ACTS PROHIBITED IN VICINITY OF POLLING PLACE--PROHIBITED PRACTICES AS TO BALLOTS. (1) On the day of any primary or general or special election, no person may, within a polling place, or in any public area within three hundred feet of any entrance to such polling place:
     (a) Suggest or persuade or attempt to suggest or persuade any voter to vote for or against any candidate or ballot measure;
     (b) Circulate cards or handbills of any kind;
     (c) Solicit signatures to any kind of petition; or
     (d) Engage in any practice which interferes with the freedom of voters to exercise their franchise or disrupts the administration of the polling place.
     (2) No person may obstruct the doors or entries to a building in which a polling place is located or prevent free access to and from any polling place. Any sheriff, deputy sheriff, or municipal law enforcement officer shall prevent such obstruction, and may arrest any person creating such obstruction.
     (3) No person may:
     (a) Except as provided in RCW 29.54.037, remove any ballot from the polling place before the closing of the polls; or
     (b) Solicit any voter to show his or her ballot.
     (4) No person other than an inspector or judge of election may receive from any voter a voted ballot or deliver a blank ballot to such elector.
     (5) Any violation of this section is a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021, and the person convicted may be ordered to pay the costs of prosecution.

Sec. 2122   RCW 29.51.030 and 1965 c 9 s 29.51.030 are each amended to read as follows:
     ELECTIONEERING BY ELECTION OFFICERS. Any election officer who does any electioneering on primary or election day, ((shall be)) is guilty of a misdemeanor, and upon conviction ((shall)) must be fined in any sum not exceeding one hundred dollars and pay the costs of prosecution.

Sec. 2123   RCW 29.51.221 and 1990 c 59 s 49 are each reenacted to read as follows:
     REFUSING TO LEAVE VOTING BOOTH. Deliberately impeding other voters from casting their votes by refusing to leave a voting booth or voting device is a misdemeanor and is subject to the penalties provided in chapter 9A.20 RCW. The precinct election officers may provide assistance in the manner provided by RCW 29.51.200 to any voter who requests it.

Sec. 2124   RCW 29.85.010 and 1991 c 81 s 1 are each reenacted to read as follows:
     BALLOTS--REMOVING FROM POLLING PLACE. Any person who, without lawful authority, removes a ballot from a polling place is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

Sec. 2125   RCW 29.85.110 and 1991 c 81 s 9 are each amended to read as follows:
     TAMPERING WITH POLLING PLACE MATERIALS. Any person who willfully defaces, removes, or destroys any of the supplies or materials ((which)) that the person knows are intended both for use in a polling place and for enabling a voter to prepare his or her ballot is guilty of a class C felony punishable under RCW 9A.20.021.

Sec. 2126   RCW 29.85.260 and 1991 c 81 s 18 are each amended to read as follows:
     VOTING MACHINES, DEVICES--TAMPERING WITH--EXTRA KEYS. Any person who tampers with or damages or attempts to damage any voting machine or device to be used or being used in a primary or special or general election, or who prevents or attempts to prevent the correct operation of such machine or device, or any unauthorized person who makes or has in his or her possession a key to a voting machine or device to be used or being used in a primary or special or general election, ((shall be)) is guilty of a class C felony punishable under RCW 9A.20.021.

Subpart 21.7
Voting

Sec. 2127   RCW 29.85.051 and 1991 c 81 s 4 are each reenacted to read as follows:
     DECEPTIVE, INCORRECT VOTE RECORDING. A person is guilty of a gross misdemeanor who knowingly:
     (1) Deceives any voter in recording his or her vote by providing incorrect or misleading recording information or by providing faulty election equipment or records; or
     (2) Records the vote of any voter in a manner other than as designated by the voter.
     Such a gross misdemeanor is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

Sec. 2128   RCW 29.85.060 and 1991 c 81 s 5 are each reenacted to read as follows:
     HINDERING OR BRIBING VOTER. Any person who uses menace, force, threat, or any unlawful means towards any voter to hinder or deter such a voter from voting, or directly or indirectly offers any bribe, reward, or any thing of value to a voter in exchange for the voter's vote for or against any person or ballot measure, or authorizes any person to do so, is guilty of a class C felony punishable under RCW 9A.20.021.

Sec. 2129   RCW 29.85.070 and 1991 c 81 s 6 are each reenacted to read as follows:
     INFLUENCING VOTER TO WITHHOLD VOTE. Any person who in any way, directly or indirectly, by menace or unlawful means, attempts to influence any person in refusing to give his or her vote in any primary or special or general election is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

Sec. 2130   RCW 29.85.090 and 1991 c 81 s 7 are each reenacted to read as follows:
     SOLICITATION OF BRIBE BY VOTER. Any person who solicits, requests, or demands, directly or indirectly, any reward or thing of value or the promise thereof in exchange for his or her vote or in exchange for the vote of any other person for or against any candidate or for or against any ballot measure to be voted upon at a primary or special or general election is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

Sec. 2131   RCW 29.85.210 and 1991 c 81 s 13 are each reenacted to read as follows:
     REPEATERS. Any person who votes or attempts to vote more than once at any primary or general or special election is guilty of a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

Sec. 2132   RCW 29.85.220 and 1991 c 81 s 14 are each reenacted to read as follows:
     REPEATERS--UNQUALIFIED PERSONS--OFFICERS CONNIVING WITH. Any precinct election officer who knowingly permits any voter to cast a second vote at any primary or general or special election, or knowingly permits any person not a qualified voter to vote at any primary or general or special election, is guilty of a class C felony punishable under RCW 9A.20.021.

Sec. 2133   RCW 29.85.240 and 1991 c 81 s 17 are each amended to read as follows:
     UNQUALIFIED PERSONS VOTING. Any person who knows that he or she does not possess the legal qualifications of a voter and who votes at any primary or special or general election authorized by law to be held in this state for any office whatever ((shall be)) is guilty of a class C felony punishable under RCW 9A.20.021.

Sec. 2134   RCW 29.51.230 and 1965 c 9 s 29.51.230 are each amended to read as follows:
     UNLAWFUL ACTS BY VOTERS. It ((shall be)) is unlawful for a voter to:
     (1) ((Show his ballot after it is marked to any person in such a way as to reveal the contents thereof or the name of any candidate for whom he has marked his vote;
     (2)
)) Receive a ballot from any person other than the election officer having charge of the ballots;
     (((3))) (2) Vote or offer to vote any ballot except one ((that he has)) received from the election officer having charge of the ballots;
     (((4) Place any mark upon his ballot by which it may afterward be identified as the one voted by him;
     (5)
)) (3) Fail to return to the election officers any ballot ((he)) received from an election officer.
     A violation of any provision of this section ((shall be)) is a misdemeanor, punishable by a fine not exceeding one hundred dollars, plus costs of prosecution.

Sec. 2135   RCW 29.51.215 and 1981 c 34 s 2 are each amended to read as follows:
     DISABLED VOTERS. Any person violating any provision of RCW 29.51.200((, as now or hereafter amended, shall)) will be punished as for a misdemeanor.

Sec. 2136   RCW 29.36.370 and 2001 c 241 s 14 are each amended to read as follows:
     ABSENTEE BALLOT PENALTY--GENERAL PENALTY. A person who willfully violates any provision of ((this)) chapter 29A.-- RCW (Part 10 of this act) regarding the assertion or declaration of qualifications to receive or cast an absentee ballot or unlawfully casts a vote by absentee ballot is guilty of a class C felony punishable under RCW 9A.20.021. Except as provided in this chapter ((29.85 RCW)), a person who willfully violates any other provision of ((this)) chapter 29A.--RCW (Part 10 of this act) is guilty of a misdemeanor.

Subpart 21.8
Canvassing and Certifying

Sec. 2137   RCW 29.85.100 and 1991 c 81 s 8 are each amended to read as follows:
     CERTIFICATES OF NOMINATION AND ELECTION--DECLARATIONS OF CANDIDACY--PETITIONS OF NOMINATION--FRAUDS AND FALSEHOODS. Every person who:
     (1) Knowingly and falsely issues a certificate of nomination or election; or
     (2) Knowingly provides false information on a certificate which must be filed with an elections officer under chapter 29.24 RCW((; or
     (3) Knowingly provides false information on his or her declaration of candidacy or petition of nomination; or
     (4) Conceals or fraudulently defaces or destroys a certificate which has been filed with an elections officer under chapter 29.24 RCW or a declaration of candidacy or petition of nomination which 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.

Sec. 2138   RCW 29.85.170 and 1991 c 81 s 10 are each reenacted to read as follows:
     OFFICERS--VIOLATIONS GENERALLY. Every person charged with the performance of any duty under the provisions of any law of this state relating to elections, including primaries, or the provisions of any charter or ordinance of any city or town of this state relating to elections who willfully neglects or refuses to perform such duty, or who, in the performance of such duty, or in his or her official capacity, knowingly or fraudulently violates any of the provisions of law relating to such duty, is guilty of a class C felony punishable under RCW 9A.20.021 and shall forfeit his or her office.

Sec. 2139   RCW 29.85.225 and 1991 c 81 s 15 are each reenacted to read as follows:
     DIVULGING BALLOT COUNT. (1) In any location in which ballots are counted, no person authorized by law to be present while votes are being counted may divulge any results of the count of the ballots at any time prior to the closing of the polls for that primary or special or general election.
     (2) A violation of this section is a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

Sec. 2140   RCW 29.85.230 and 1991 c 81 s 16 are each reenacted to read as follows:
     It shall be a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021, for any person to remove or deface the posted copy of the result of votes cast at their precinct or to delay delivery of or change the copy of primary or special or general election returns to be delivered to the proper election officer.

PART 22
NUCLEAR WASTE SITE--ELECTION FOR DISAPPROVAL

Sec. 2201   RCW 29.91.010 and 1986 ex.s. c 1 s 3 are each reenacted to read as follows:
     FINDINGS. (1) The legislature and the people find that the federal Nuclear Waste Policy Act provides that within sixty days of the president's recommendation of a site for a high-level nuclear waste repository, a state may disapprove the selection of such site in that state.
     (2) The legislature and the people desire, if the governor and legislature do not issue a notice of disapproval within twenty-one days of the president's recommendation, that the people of this state have the opportunity to vote upon disapproval.

Sec. 2202   RCW 29.91.020 and 1986 ex.s. c 1 s 4 are each amended to read as follows:
     HIGH-LEVEL NUCLEAR WASTE REPOSITORY--SELECTION OF SITE IN STATE-- SPECIAL ELECTION FOR DISAPPROVAL. (1) Within seven days after any recommendation by the president of the United States of a site in the state of Washington to be a high-level nuclear waste repository under 42 U.S.C. Sec. 10136, the governor shall set the date for a special statewide election to vote on disapproval of the selection of such site. The special election shall be no more than fifty days after the date of the recommendation of the president of the United States.
     (2) If either the governor or the legislature submits a notice of disapproval to the United States Congress within twenty-one days of the date of the recommendation by the president of the United States, then the governor is authorized to cancel the special election pursuant to subsection (1) of this section.

Sec. 2203   RCW 29.91.030 and 1986 ex.s. c 1 s 5 are each reenacted to read as follows:
     COSTS OF ELECTION. The state of Washington shall assume the costs of any special election called under RCW 29.91.020 in the same manner as provided in RCW 29.13.047 and 29.13.048.

Sec. 2204   RCW 29.91.040 and 1986 ex.s. c 1 s 6 are each reenacted to read as follows:
     SPECIAL ELECTION--NOTIFICATION OF AUDITORS--APPLICATION OF ELECTION LAWS. The secretary of state shall promptly notify the county auditors of the date of the special election and certify to them the text of the ballot title for this special election. The general election laws shall apply to the election required by RCW 29.91.020 to the extent that they are not inconsistent with this chapter. Statutory deadlines relating to certification, canvassing, and the voters' pamphlet may be modified for the election held pursuant to RCW 29.91.020 by the secretary of state through emergency rules adopted under RCW 29.04.080.

Sec. 2205   RCW 29.91.050 and 1986 ex.s. c 1 s 7 are each reenacted to read as follows:
     BALLOT TITLE. The ballot title for the special election called under RCW 29.91.020 shall be "Shall the Governor be required to notify Congress of Washington's disapproval of the President's recommendation of [name of site] as a national high-level nuclear waste repository?"

Sec. 2206   RCW 29.91.060 and 1986 ex.s. c 1 s 8 are each amended to read as follows:
     EFFECT OF VOTE. If the governor or the legislature fails to prepare and submit a notice of disapproval to the United States Congress within fifty-five days of the president's recommendation and a majority of the voters in the special election held pursuant to RCW 29.91.020 favored such notice of disapproval, then the vote of the people shall be binding on the governor. The governor shall prepare and submit the notice of disapproval to the United States Congress pursuant to 42 U.S.C. Sec. 10136.

PART 23
OTHER LAWS AFFECTED

Sec. 2301   RCW 29.13.023 and 1981 c 213 s 3 are each reenacted to read as follows:
     FIRST CLASS MAYOR-COUNCIL CITIES--TWELVE COUNCILMEMBERS. All regular elections in first class cities having a mayor-council form of government whose charters provide for twelve councilmembers elected for a term of two years, two being elected from each of six wards, and for the election of a mayor, treasurer, and comptroller for terms of two years, shall be held biennially as provided in RCW 29.13.020. The term of each councilmember, mayor, treasurer, and comptroller shall be four years and until his or her successor is elected and qualified and assumes office in accordance with RCW 29.04.170. The terms of the councilmembers shall be so staggered that six councilmembers shall be elected to office at each regular election.

Sec. 2302   RCW 29.13.024 and 1981 c 213 s 4 are each reenacted to read as follows:
     FIRST CLASS MAYOR-COUNCIL CITIES--SEVEN COUNCILMEMBERS. All regular elections in first class cities having a mayor-council form of government whose charters provide for seven councilmembers, one to be elected from each of six wards and one at large, for a term of two years, and for the election of a mayor, comptroller, treasurer and attorney for two year terms, shall be held biennially as provided in RCW 29.13.020. The terms of the six councilmembers to be elected by wards shall be four years and until their successors are elected and qualified and the term of the councilmember to be elected at large shall be two years and until their successors are elected and qualified. The terms of the councilmembers shall be so staggered that three ward councilmembers and the councilmember at large shall be elected at each regular election. The term of the mayor, attorney, treasurer, and comptroller shall be four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.

Sec. 2303   RCW 43.07.310 and 1992 c 163 s 2 are each amended to read as follows:
     DIVISION OF ELECTIONS--DUTIES. The secretary of state, through the division of elections, is responsible for the following duties, as prescribed by Title 29 RCW:
     (1) The filing, verification of signatures, and certification of state initiative, referendum, and recall petitions;
     (2) The production and distribution of a state voters' ((and candidates')) pamphlet;
     (3) The examination, testing, and certification of voting equipment, voting devices, and vote-tallying systems;
     (4) The administration, canvassing, and certification of the presidential primary, state primaries, and state general elections;
     (5) The administration of motor voter and other voter registration and voter outreach programs;
     (6) The training, testing, and certification of state and local elections personnel as established in RCW 29.60.030;
     (7) The training of state and local party observers required by RCW 29.60.040;
     (8) The conduct of postelection reviews as established in RCW 29.60.070; and
     (9) Other duties that may be prescribed by the legislature.

PART 24
MISCELLANEOUS

NEW SECTION.  Sec. 2401   RECODIFICATION. The following sections are recodified in the order in which they appear in parts 1 through 22 of this act as new chapters and sections of a new elections title of the Revised Code of Washington, to be designated as Title 29A RCW:
     RCW 29.01.005, 29.01.006, 29.01.008, 29.01.042, 29.01.043, 29.01.045, 29.01.047, 29.01.050, 29.01.055, 29.01.060, 29.01.065, 29.01.068, 29.01.070, 29.01.080, 29.01.090, 29.01.100, 29.01.110, 29.01.113, 29.01.117, 29.01.119, 29.01.120, 29.01.130, 29.01.135, 29.01.136, 29.01.137, 29.01.140, 29.01.155, 29.01.160, 29.01.170, 29.01.180, 29.01.200, 29.04.001, 29.04.010, 29.04.020, 29.57.140, 29.04.025, 29.04.070, 29.04.060, 29.04.085, 29.04.088, 29.04.091, 29.04.230, 29.13.070, 29.13.010, 29.13.020, 29.13.045, 29.13.047, 29.13.048, 29.60.010, 29.60.030, 29.60.040, 29.60.050, 29.60.060, 29.60.070, 29.60.080, 29.60.090, 29.98.010, 29.98.020, 29.98.030, 29.04.080, 29.19.070, 29.60.020, 29.07.005, 29.04.095, 29.10.011, 29.08.010, 29.07.010, 29.08.060, 29.07.110, 29.08.030, 29.07.220, 29.10.081, 29.07.092, 29.07.160, 29.07.152, 29.07.030, 29.07.230, 29.07.070, 29.07.140, 29.07.080, 29.07.090, 29.08.080, 29.08.040, 29.07.025, 29.07.430, 29.07.440, 29.07.260, 29.07.270, 29.10.020, 29.10.040, 29.10.170, 29.10.051, 29.10.090, 29.10.097, 29.10.100, 29.10.110, 29.10.180, 29.10.185, 29.10.015, 29.10.071, 29.10.220, 29.10.075, 29.10.200, 29.10.210, 29.10.230, 29.04.250, 29.07.130, 29.04.100, 29.04.110, 29.04.120, 29.04.150, 29.04.160, 29.04.240, 29.10.125, 29.10.127, 29.10.130, 29.10.140, 29.10.150, 29.33.020, 29.33.041, 29.33.051, 29.33.061, 29.33.081, 29.33.130, 29.33.145, 29.33.300, 29.33.310, 29.33.320, 29.33.330, 29.33.340, 29.33.350, 29.33.360, 29.04.200, 29.57.010, 29.57.090, 29.57.160, 29.04.040, 29.04.050, 29.04.055, 29.48.005, 29.48.007, 29.57.040, 29.57.070, 29.57.100, 29.57.050, 29.57.150, 29.27.090, 29.15.025, 29.13.050, 29.04.170, 29.24.010, 29.24.020, 29.24.025, 29.24.030, 29.24.035, 29.24.040, 29.24.045, 29.24.055, 29.24.060, 29.24.070, 29.15.130, 29.15.140, 29.15.010, 29.15.044, 29.15.020, 29.15.090, 29.15.030, 29.15.040, 29.15.050, 29.15.060, 29.15.070, 29.15.125, 29.15.120, 29.15.160, 29.15.210, 29.15.220, 29.15.170, 29.15.180, 29.15.190, 29.15.200, 29.15.230, 29.04.180, 29.04.190, 29.18.150, 29.18.160, 29.68.070, 29.68.080, 29.68.100, 29.68.130, 29.81.210, 29.04.035, 29.81.220, 29.81.230, 29.27.076, 29.81.240, 29.81.250, 29.81.260, 29.81.280, 29.81.290, 29.81.300, 29.81.310, 29.81A.010, 29.81A.020, 29.81A.030, 29.81A.040, 29.81A.050, 29.81A.060, 29.81A.070, 29.81A.080, 29.27.020, 29.27.057, 29.27.061, 29.27.065, 29.27.0653, 29.27.0655, 29.27.066, 29.27.0665, 29.27.067, 29.30.005, 29.30.010, 29.30.020, 29.30.025, 29.30.040, 29.30.060, 29.30.081, 29.30.085, 29.30.086, 29.30.095, 29.30.101, 29.30.111, 29.30.130, 29.36.210, 29.36.220, 29.36.230, 29.36.240, 29.36.250, 29.36.260, 29.36.270, 29.36.280, 29.36.290, 29.36.300, 29.36.310, 29.36.320, 29.36.340, 29.36.350, 29.36.360, 29.51.010, 29.51.125, 29.51.180, 29.51.190, 29.54.037, 29.48.010, 29.13.080, 29.51.240, 29.51.185, 29.48.030, 29.07.170, 29.48.035, 29.57.130, 29.48.020, 29.48.070, 29.48.090, 29.48.100, 29.51.150, 29.51.050, 29.51.060, 29.51.100, 29.51.070, 29.51.200, 29.54.018, 29.51.250, 29.54.010, 29.54.015, 29.07.180, 29.48.080, 29.48.045, 29.54.093, 29.51.115, 29.51.155, 29.45.010, 29.45.020, 29.45.030, 29.45.040, 29.45.050, 29.45.060, 29.45.065, 29.45.070, 29.45.080, 29.45.090, 29.45.100, 29.45.110, 29.45.120, 29.38.010, 29.38.020, 29.38.030, 29.38.040, 29.38.050, 29.38.060, 29.15.150, 29.18.010, 29.18.120, 29.18.200, 29.21.010, 29.21.015, 29.21.070, 29.21.410, 29.27.030, 29.27.050, 29.27.072, 29.27.074, 29.27.080, 29.27.100, 29.27.110, 29.19.010, 29.19.020, 29.19.030, 29.19.045, 29.19.055, 29.19.080, 29.82.010, 29.82.015, 29.82.021, 29.82.023, 29.82.025, 29.82.030, 29.82.040, 29.82.060, 29.82.080, 29.82.090, 29.82.100, 29.82.105, 29.82.110, 29.82.120, 29.82.130, 29.82.140, 29.82.160, 29.71.010, 29.71.020, 29.71.030, 29.71.040, 29.71.050, 29.27.140, 29.74.010, 29.74.020, 29.74.030, 29.74.040, 29.74.050, 29.74.060, 29.74.070, 29.74.080, 29.74.100, 29.74.110, 29.74.120, 29.74.130, 29.74.140, 29.74.150, 29.13.040, 29.62.180, 29.54.042, 29.54.050, 29.54.060, 29.54.097, 29.54.105, 29.54.121, 29.54.170, 29.51.175, 29.54.075, 29.54.085, 29.27.120, 29.62.030, 29.62.020, 29.54.025, 29.36.330, 29.62.040, 29.62.050, 29.62.080, 29.62.090, 29.62.100, 29.62.120, 29.62.130, 29.64.010, 29.64.015, 29.64.020, 29.64.030, 29.64.035, 29.64.040, 29.64.051, 29.64.060, 29.64.080, 29.64.090, 29.04.030, 29.65.010, 29.65.020, 29.65.040, 29.65.050, 29.65.055, 29.65.060, 29.65.070, 29.65.080, 29.65.090, 29.65.100, 29.65.120, 29.79.010, 29.79.015, 29.79.020, 29.79.030, 29.79.035, 29.79.040, 29.79.050, 29.79.060, 29.79.070, 29.79.080, 29.79.090, 29.79.100, 29.79.110, 29.79.115, 29.79.120, 29.79.140, 29.79.150, 29.79.160, 29.79.170, 29.79.180, 29.79.190, 29.79.200, 29.79.210, 29.79.230, 29.79.270, 29.79.280, 29.79.290, 29.79.300, 29.70.100, 29.15.026, 29.10.060, 29.04.140, 29.42.010, 29.42.020, 29.42.030, 29.42.040, 29.42.050, 29.42.070, 29.85.245, 29.82.210, 29.38.070, 29.85.275, 29.07.400, 29.07.405, 29.07.410, 29.85.249, 29.79.480, 29.82.220, 29.79.440, 29.82.170, 29.79.490, 29.15.080, 29.15.110, 29.79.500, 29.15.100, 29.85.040, 29.85.020, 29.51.020, 29.51.030, 29.51.221, 29.85.010, 29.85.110, 29.85.260, 29.85.051, 29.85.060, 29.85.070, 29.85.090, 29.85.210, 29.85.220, 29.85.240, 29.51.230, 29.51.215, 29.36.370, 29.85.100, 29.85.170, 29.85.225, 29.85.230, 29.91.010, 29.91.020, 29.91.030, 29.91.040, 29.91.050, and 29.91.060.
     The code reviser shall correct any cross-references to the recodified sections.

NEW SECTION.  Sec. 2402   RCW 29.13.023 and 29.13.024 are each recodified as sections in chapter 35.22 RCW.

NEW SECTION.  Sec. 2403   EXPIRATION. RCW 29.04.250 and 2002 c 21 s 2 and section 245 of this act expire January 1, 2005.

NEW SECTION.  Sec. 2404   REPEALER. The following acts or parts of acts are each repealed:
     (1) RCW 9.81.100 (Public office -- Candidate must file affidavit) and 1951 c 254 s 16;
     (2) RCW 29.01.010 (City clerk) and 1965 c 9 s 29.01.010;
     (3) RCW 29.01.020 (City council) and 1965 c 9 s 29.01.020;
     (4) RCW 29.01.030 (City precinct) and 1965 c 9 s 29.01.030;
     (5) RCW 29.01.040 (Constituency) and 1965 c 9 s 29.01.040;
     (6) RCW 29.01.087 (Local voters' pamphlet) and 1984 c 106 s 2;
     (7) RCW 29.01.150 (Rural precinct) and 1965 c 9 s 29.01.150;
     (8) RCW 29.04.210 (Ballots, voting systems -- Rules by secretary of state) and 1990 c 59 s 7;
     (9) RCW 29.04.235 (Electronic facsimile documents -- Rules) and 1991 c 186 s 2;
     (10) RCW 29.07.100 (Registration assistance by city and town clerks) and 1994 c 57 s 14, 1971 ex.s. c 202 s 13, & 1965 c 9 s 29.07.100;
     (11) RCW 29.07.115 (Registration records -- Weekly transmittal) and 1994 c 57 s 15 & 1971 ex.s. c 202 s 23;
     (12) RCW 29.07.120 (Registrar's cards -- Weekly transmittal--Exemption) and 1999 c 298 s 5, 1994 c 57 s 16, 1971 ex.s. c 202 s 16, & 1965 c 9 s 29.07.120;
     (13) RCW 29.07.240 (Computer file of voter registration records--Rules -- Assistance) and 1974 ex.s. c 127 s 14;
     (14) RCW 29.07.280 (Forwarding of forms to voter's county) and 1990 c 143 s 3;
     (15) RCW 29.07.290 (Records -- Correction, sorting, transmittal) and 1990 c 143 s 4;
     (16) RCW 29.07.300 (Delivery of files to auditors -- Address changes) and 1994 c 57 s 23 & 1990 c 143 s 5;
     (17) RCW 29.07.310 (Driver licensing and voter registration -- Duties of secretary of state) and 1990 c 143 s 10;
     (18) RCW 29.07.320 (Driver licensing and voter registration--Funding) and 1990 c 143 s 11;
     (19) RCW 29.07.420 (Designation of agencies providing registration services) and 1994 c 57 s 26;
     (20) RCW 29.07.450 (Duties of secretary of state) and 1994 c 57 s 29;
     (21) RCW 29.08.020 (Duties of county auditor -- Application of remainder of title) and 1993 c 434 s 2;
     (22) RCW 29.08.050 (Declaration and warning) and 1994 c 57 s 31 & 1993 c 434 s 5;
     (23) RCW 29.08.070 (Form -- Adoption, contents) and 1993 c 434 s 7;
     (24) RCW 29.08.090 (Violations of chapter) and 1993 c 434 s 9;
     (25) RCW 29.08.900 (Effective date -- 1993 c 434) and 1993 c 434 s 13;
     (26) RCW 29.13.021 (First class commission cities with charters providing triennial elections) and 1983 c 3 s 43, 1979 ex.s. c 126 s 10, & 1965 c 9 s 29.13.021;
     (27) RCW 29.13.060 (Elections in certain first class school districts) and 1996 c 202 s 1, 1991 c 363 s 32, 1990 c 33 s 563, & 1989 c 10 s 7;
     (28) RCW 29.15.046 (Electronic filing -- Rules) and 2002 c 140 s 3;
     (29) RCW 29.15.240 (Rejection of ineligible persons) and 1993 c 1 s 7;
     (30) RCW 29.15.800 (Rules by secretary of state) and 1990 c 59 s 97;
     (31) RCW 29.19.900 (Severability -- 1989 c 4) and 1989 c 4 s 12;
     (32) RCW 29.36.900 (Captions not law--2001 c 241) and 2001 c 241 s 26;
     (33) RCW 29.51.173 (Effect of term limitations on write-in voting) and 1993 c 1 s 6;
     (34) RCW 29.57.170 (Implementing rules) and 1985 c 205 s 13;
     (35) RCW 29.62.010 (Rules for canvassing -- Statement of returns--Resolving ties) and 1990 c 59 s 62 & 1965 c 9 s 29.62.010;
     (36) RCW 29.62.015 (County canvassing board -- Membership, delegation of authority, public meetings) and 1995 c 139 s 1;
     (37) RCW 29.64.070 (Rules) and 1991 c 81 s 38 & 1965 c 9 s 29.64.070;
     (38) RCW 29.64.900 (Short title -- Construction) and 1965 c 9 s 29.64.900;
     (39) RCW 29.68.015 (United States house of representatives -- Term limits) and 1993 c 1 s 4;
     (40) RCW 29.68.016 (United States senate -- Term limits) and 1993 c 1 s 5;
     (41) RCW 29.68.120 (Vacancy in congress -- Canvass of primary and special vacancy election -- Certification of nominees) and 1985 c 45 s 6, 1983 c 3 s 46, 1973 2nd ex.s. c 36 s 7, & 1965 c 9 s 29.68.120;
     (42) RCW 29.74.090 (Election of convention delegates--Qualifications of voters) and 1965 c 9 s 29.74.090;
     (43) RCW 29.79.250 (Referendum bills by legislature -- Serial numbering) and 1965 c 9 s 29.79.250;
     (44) RCW 29.81.270 (Deadlines) and 1999 c 260 s 7;
     (45) RCW 29.81.320 (Procedural rules) and 1999 c 260 s 12;
     (46) RCW 29.81A.900 (Effective date -- 1984 c 106) and 1984 c 106 s 14;
     (47) RCW 29.81A.901 (Severability -- 1984 c 106) and 1984 c 106 s 13;
     (48) RCW 29.91.900 (Transmission of copies of act -- 1986 ex.s. c 1) and 1986 ex.s. c 1 s 10;
     (49) RCW 29.91.901 (Referral to electorate -- Ballot title -- 1986 ex.s. c 1) and 1986 ex.s. c 1 s 11;
     (50) RCW 29.98.050 (Emergency -- 1965 c 9) and 1965 c 9 s 29.98.050; and
     (51) RCW 43.01.015 (Governor, lieutenant governor--Terms limited) and 1993 c 1 s 2.

NEW SECTION.  Sec. 2405   EFFECTIVE DATE. This act takes effect July 1, 2004.

--- END ---