BILL REQ. #:  S-0782.1 



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SENATE BILL 5398
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State of Washington58th Legislature2003 Regular Session

By Senator Schmidt

Read first time 01/23/2003.   Referred to Committee on Government Operations & Elections.



     AN ACT Relating to precinct committee officers; and amending RCW 29.42.050 and 29.36.260.

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

Sec. 1   RCW 29.42.050 and 1991 c 363 s 34 are each amended to read as follows:
     ((The)) Precinct committee officers of major political parties will be elected at general elections held in even-numbered years or appointed as provided in this section. General statutory requirements for filing ((as a candidate at the primaries shall)) declarations of candidacy apply to ((candidates)) filing declarations of candidacy for a precinct committee officer of a major political party, except that the filing period for this office alone shall be extended to and include the Friday immediately following the last day for political parties to fill vacancies in the ticket as provided by RCW 29.18.150((, and)). A primary may not be held for 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)), no matter how many persons file for the same office. The position of precinct committee officer of a major political party for a precinct may be placed on the ballot at the general election only if two or more persons file declarations of candidacy for that position. The candidate receiving the highest number of votes ((shall)) will be declared elected((: PROVIDED, That 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)). Even though the position of a precinct committee officer of each major political party for the same precinct are separate offices, voters in the precinct may vote for only one candidate for all of these positions. If only one person has filed a declaration of candidacy for the same office of precinct committee officer, the office may not be placed on the general election ballot, and the sole candidate will be declared to have been elected to that position.
     The term of office of precinct committee officer shall be for two years, commencing upon completion of the official canvass of votes by the county canvassing board of election returns.
     ((Should any)) If a vacancy occurs 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)) may fill ((such)) the vacancy by appointment((: PROVIDED, HOWEVER, That)). However, in a legislative district((s)) having a majority of its precincts in a county with a population of one million or more, ((such)) the appointment ((shall)) may be made only upon the recommendation of the legislative district chair((: PROVIDED, That the)). A person ((so)) who is appointed ((shall)) as a precinct committee officer must have the same qualifications as ((candidates)) a candidate for that position must have when filing for ((election to such)) that 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 held in an even-numbered year, ((such)) the vacancy ((shall)) may 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. 2   RCW 29.36.260 and 2001 c 241 s 6 are each amended to read as follows:
     (1) The county auditor shall issue an absentee ballot for the primary or election for which it was requested, or for the next occurring primary or election when ongoing absentee status has been requested if the information contained in a request for an absentee ballot or ongoing absentee status received by the county auditor is complete and correct and the applicant is qualified to vote under federal or state law. Otherwise, the county auditor shall notify the applicant of the reason or reasons why the request cannot be accepted. Whenever two or more candidates have filed for the position of precinct committee officer for the same party in the same precinct at a general election held in an even-numbered year, the contest for that position must be presented to absentee voters from that precinct by ((either)) including the contest on ((the regular absentee ballot or)) a separate absentee ballot. The separate ballot must provide space designated for ((writing in the name of additional)) write-in 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.

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