BILL REQ. #: S-3370.1
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 12/05/2003. Referred to Committee on Government Operations & Elections.
AN ACT Relating to primaries; amending RCW 29A.36.170, 29A.04.085, 29A.04.127, 29A.04.310, 29A.20.010, 29A.20.020, 29A.24.030, 29A.24.080, 29A.24.090, 29A.24.100, 29A.24.110, 29A.24.140, 29A.24.150, 29A.24.160, 29A.24.170, 29A.24.190, 29A.24.310, 29A.24.320, 29A.28.020, 29A.28.040, 29A.28.060, 29A.32.030, 29A.36.010, 29A.36.100, 29A.36.120, 29A.36.200, 29A.48.030, 29A.52.010, 29A.52.110, 29A.52.320, 29A.52.350, 29A.56.320, 29A.60.020, 29A.64.010, 29A.64.020, 29A.64.040, 29A.64.060, 29A.64.080, 29A.80.010, 29A.80.020, 29A.80.050, 29A.84.260, 29A.84.710, and 42.17.020; adding a new section to chapter 29A.08 RCW; adding a new section to chapter 29A.52 RCW; adding a new section to chapter 29A.04 RCW; adding a new section to chapter 29A.24 RCW; adding a new section to chapter 29A.56 RCW; creating a new section; recodifying RCW 29A.20.180; repealing RCW 29A.04.157, 29A.20.110, 29A.20.120, 29A.20.140, 29A.20.150, 29A.20.160, 29A.20.170, 29A.20.190, 29A.20.200, 29A.24.200, 29A.28.010, and 29A.36.190; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 29A.36.170 and 2003 c 111 s 917 are each amended to
read as follows:
(1) Except as provided in RCW 29A.36.180 and in subsection (2) of
this section, on the ballot at the general election for ((a
nonpartisan)) an office for which a primary was held, only the names of
the candidate who received the greatest number of votes and the
candidate who received the next greatest number of votes for that
office shall appear under the title of that office, and the names shall
appear in that order. If a primary was conducted, no candidate's name
may be printed on the subsequent general election ballot unless he or
she receives at least one percent of the total votes cast for that
office at the preceding primary. On the ballot at the general election
for ((any other nonpartisan)) an office for which no primary was held,
the names of the candidates shall be listed in the order determined
under RCW 29A.36.130.
(2) On the ballot at the general election for the office of justice
of the supreme court, judge of the court of appeals, judge of the
superior court, or state superintendent of public instruction, if a
candidate in a contested primary receives a majority of all the votes
cast for that office or position, only the name of that candidate may
be printed under the title of the office for that position.
NEW SECTION. Sec. 2 A new section is added to chapter 29A.08 RCW
to read as follows:
Under no circumstances may an individual be required to affiliate
with, join, adhere to, express faith in, or declare a preference for,
a political party or organization upon registering to vote.
NEW SECTION. Sec. 3 A new section is added to chapter 29A.52 RCW
to read as follows:
(1) A primary is a critical stage in the public process by which
voters elect candidates to public office. A primary may not be used to
select the nominees of a political party.
(2) Whenever candidates for a partisan office are to be elected,
the general election must be preceded by a primary conducted under this
chapter, except as otherwise provided in law. Based upon votes cast at
the primary, either one or two candidates must be certified as
qualified to appear on the general election ballot, under RCW
29A.52.320 and 29A.36.170.
(3) If a candidate expresses a party preference on his or her
declaration of candidacy, then the preference will be listed for the
candidate on the primary and general election ballots. Each candidate
who does not express a preference for a political party will be listed
as an independent candidate on the primary and general election
ballots. Party preferences will be listed for the information of
voters only, and may not be used for any purpose relating to the
conduct, canvassing, or certification of the primary, and may in no way
limit the options available to voters in deciding for whom to cast a
vote.
Sec. 4 RCW 29A.04.085 and 2003 c 111 s 115 are each amended to
read as follows:
"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. A political party qualifying as a major political party under
this section retains such status until 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)) candidate for an office voted upon statewide who expressed
a preference for that party on his or her declaration of candidacy
received at least five percent of the total vote cast at the last
preceding primary election or general election occurring in a year in
which the governor is elected.
NEW SECTION. Sec. 5 A new section is added to chapter 29A.04 RCW
to read as follows:
"Partisan office" means the following offices:
(1) United States senator and United States representative;
(2) All state offices except (a) judicial offices and (b) the
office of superintendent of public instruction;
(3) All county offices except (a) judicial offices and (b) those
offices where a county home rule charter provides otherwise.
Sec. 6 RCW 29A.04.127 and 2003 c 111 s 122 are each amended to
read as follows:
"Primary" or "primary election" means a statutory procedure ((for
nominating candidates to public office at the polls)) held before a
general election by which each voter is permitted to cast a vote for
his or her preferred candidate for each office appearing on the ballot,
without any limitation based on party preference or affiliation, of
either the voter or the candidate, with the result of qualifying not
more than two candidates for each office to appear on the general
election ballot.
Sec. 7 RCW 29A.04.310 and 2003 c 111 s 143 are each amended to
read as follows:
((Nominating)) Primaries for general elections to be held in
November must be held on the third Tuesday of the preceding September
or on the seventh Tuesday immediately preceding such general election,
whichever occurs first.
Sec. 8 RCW 29A.20.010 and 2003 c 111 s 501 are each amended to
read as follows:
The secretary of state and each county auditor shall preserve ((all
declarations of candidacy)) documentation indicating which candidates
have qualified to appear on a general election ballot filed in their
respective offices for six months. All declarations of candidacy must
be open to public inspection.
Sec. 9 RCW 29A.20.020 and 2003 c 111 s 502 are each amended to
read as follows:
(1) A person filing a declaration of candidacy for an office shall,
at the time of filing, be a registered voter and possess the
qualifications specified by law for persons who may be elected to the
office.
(2) Excluding the office of precinct committee officer or a
temporary elected position such as a charter review board member or
freeholder, no person may file for more than one office.
(3) The name of a candidate for an office shall not appear on a
ballot for that office unless, except as provided in RCW 3.46.067 and
3.50.057, the candidate is, at the time the candidate's declaration of
candidacy is filed, properly registered to vote in the geographic area
represented by the office. For the purposes of this section, each
geographic area in which registered voters may cast ballots for an
office is represented by that office. If a person elected to an office
must be ((nominated)) qualified from a district or similar division of
the geographic area represented by the office, the name of a candidate
for the office shall not appear on a primary ballot for that office
unless the candidate is, at the time the candidate's declaration of
candidacy is filed, properly registered to vote in that district or
division. The officer with whom declarations of candidacy must be
filed under this title shall review each such declaration filed
regarding compliance with this subsection.
(4) This section does not apply to the office of a member of the
United States Congress.
Sec. 10 RCW 29A.24.030 and 2003 c 111 s 603 are each amended to
read as follows:
A ((candidate)) person who desires to have his or her name printed
on the ballot as a candidate for ((election to)) an office where
ownership of property is not a prerequisite to vote, other than
president of the United States((,)) or vice president of the United
States, ((or an office for which ownership of property is a
prerequisite to voting)) shall complete and file a declaration of
candidacy for the office. The secretary of state shall adopt, by rule,
a ((declaration of candidacy)) separate form for candidates for the
office of precinct committee officer and a ((separate)) standard form
for candidates for all other offices filing under this chapter. The
following must be included on the standard form ((shall be)):
(1) A place for the candidate to declare that he or she is a
registered voter within the jurisdiction of the office for which he or
she is filing, and the address at which he or she is registered;
(2) A place for the candidate to indicate the position for which he
or she is filing;
(3) For partisan offices only, a place for the candidate to
indicate ((a party designation, if applicable)) which major or minor
political party, if any, or independent status, the candidate regards
as best approximating his or her personal preference. A candidate may
only list one party preference or may list independent;
(4) A place for the candidate to indicate the amount of the filing
fee accompanying the declaration and affidavit of candidacy or for the
candidate to indicate that he or she is filing a ((nominating))
petition of candidacy in lieu of the filing fee under RCW 29A.24.090;
(5) A place for the candidate to sign the declaration of candidacy,
stating that the information provided on the form is true and swearing
or affirming that he or she will support the Constitution and laws of
the United States and the Constitution and laws of the state of
Washington; and
(6) Any other information that the secretary of state deems
appropriate to facilitate the filing process.
In the case of a declaration of candidacy filed electronically,
submission of the form constitutes agreement that the information
provided with the filing is true, that he or she will support the
Constitutions and laws of the United States and the state of
Washington, and that he or she agrees to electronic payment of the
filing fee established in RCW 29A.24.090.
((The secretary of state may require any other information on the
form he or she deems appropriate to facilitate the filing process.))
Sec. 11 RCW 29A.24.080 and 2003 c 111 s 608 are each amended to
read as follows:
Any candidate may mail his or her declaration of candidacy for an
office to the filing officer. Such declarations of candidacy shall be
processed by the filing officer in the following manner:
(1) Any declaration received by the filing officer by mail before
the tenth business day immediately preceding the first day for
candidates to file for office shall be returned to the candidate
submitting it, together with a notification that the declaration of
candidacy was received too early to be processed. The candidate shall
then be permitted to resubmit his or her declaration of candidacy
during the filing period.
(2) Any properly executed declaration of candidacy received by mail
on or after the tenth business day immediately preceding the first day
for candidates to file for office and before the close of business on
the last day of the filing period shall be included with filings made
in person during the filing period. In primaries for partisan offices
and judicial ((elections)) offices, the filing officer shall determine
by lot the order in which the names of those candidates shall appear
upon sample and absentee primary ballots.
(3) Any declaration of candidacy received by the filing officer
after the close of business on the last day for candidates to file for
office shall be rejected and returned to the candidate attempting to
file it.
Sec. 12 RCW 29A.24.090 and 2003 c 111 s 609 are each amended to
read as follows:
(1) 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.
(2) A candidate who lacks sufficient assets or income at the time
of filing to pay the filing fee required by this section shall submit
a petition of candidacy 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.
(3) When the candidacy is for:
(((1))) (a) 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))) (b) 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. 13 RCW 29A.24.100 and 2003 c 111 s 610 are each amended to
read as follows:
The ((nominating)) petition of candidacy authorized by RCW
29A.24.090 shall be printed on sheets of uniform color and size, shall
contain no more than twenty numbered lines, and must be in
substantially the following form:
The warning prescribed by RCW 29A.72.140; followed by:
Sec. 14 RCW 29A.24.110 and 2003 c 111 s 611 are each amended to
read as follows:
((Nominating)) (1) Petitions of candidacy may be rejected for the
following reasons:
(((1))) (a) The petition is not in the proper form;
(((2))) (b) The petition clearly bears insufficient signatures;
(((3))) (c) The petition is not accompanied by a declaration of
candidacy;
(((4))) (d) The time within which the petition and the declaration
of candidacy could have been filed has expired.
(2) 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 of
candidacy is filed. He or she shall additionally reject any signature
that appears on the ((nominating)) petitions of candidacy 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 filing officer finds that the same voter has
signed the same petition more than once, he or she shall reject all but
the first valid signature.
(3) 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. 15 RCW 29A.24.140 and 2003 c 111 s 614 are each amended to
read as follows:
A void in candidacy for ((a nonpartisan)) an office occurs when an
election for such office, except for the short term, has been scheduled
and no valid declaration of candidacy has been filed for the position
or all persons filing such valid declarations of candidacy have died or
been disqualified.
Sec. 16 RCW 29A.24.150 and 2003 c 111 s 615 are each amended to
read as follows:
The election officer with whom declarations of candidacy are filed
shall give notice of a void in candidacy for ((a nonpartisan)) an
office((,)) by notifying press, radio, and television in the county or
counties involved and by such other means as may now or hereafter be
provided by law. The notice shall state the office, and the time and
place for filing declarations of candidacy.
Sec. 17 RCW 29A.24.160 and 2003 c 111 s 616 are each amended to
read as follows:
Filings to fill a void in candidacy for ((nonpartisan)) an office
must be made in the same manner and with the same official as required
during the regular filing period for such office((, except that
nominating signature)). Petitions of candidacy that ((may be)) are
required of candidates filing ((for certain district offices)) during
the normal filing period may not be required of candidates filing
during the special three-day filing period.
Sec. 18 RCW 29A.24.170 and 2003 c 111 s 617 are each amended to
read as follows:
Filings for ((a nonpartisan)) an office shall be reopened for a
period of three normal business days, such three day period to be fixed
by the election officer with whom such declarations of candidacy are
filed and notice thereof given by notifying press, radio, and
television in the county or counties involved 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)) an office leaving an
unexpired term to be filled by an election for which filings have not
been held; or
(3) A ((nominee)) candidate for judge of the superior court
entitled to a certificate of election pursuant to Article 4, section
29, Amendment 41 of the state Constitution, dies or is disqualified.
Candidacies validly filed within said three-day period shall appear
on the ballot as if made during the earlier filing period.
NEW SECTION. Sec. 19 A new section is added to chapter 29A.24
RCW to read as follows:
If the death or disqualification of a candidate for a partisan or
nonpartisan office does not give rise to the opening of a new filing
period under RCW 29A.24.170 and if no appointment is made under RCW
29A.28.020, then the following will occur:
(1) If the candidate dies or becomes disqualified after filing a
declaration of candidacy but before the close of the filing period,
then the declaration of candidacy is void and his or her name will not
appear on the ballot.
(2)(a) If the candidate dies or becomes disqualified after the
close of the filing period but before the day of the primary, then his
or her name will appear on the primary ballot and all otherwise valid
votes for that candidate will be tabulated. The candidate's name will
not appear on the general election ballot even if he or she otherwise
would have qualified to do so, but no other candidate will advance or
be substituted in place of that candidate.
(b) If the candidate was the only candidate to qualify to advance
to the general election, then the general election for that office
lapses, and the office will be regarded as vacant as of the time the
newly elected official would have otherwise taken office.
(3) If the candidate dies or becomes disqualified on or after the
day of the primary, and he or she would have otherwise qualified to
appear on the general election ballot, then his or her name will appear
on the general election ballot and all otherwise valid votes for that
candidate will be tabulated. If the candidate received a number of
votes sufficient to be elected to office, but for his or her death or
disqualification, then the office will be regarded as vacant as of the
time the newly elected official would have otherwise taken office.
Sec. 20 RCW 29A.24.190 and 2003 c 111 s 619 are each amended to
read as follows:
A scheduled election ((shall be lapsed)) lapses, the office deemed
stricken from the ballot, no purported write-in votes may be counted,
and no candidate may be certified as elected, when:
(1) In an election for judge of the supreme court ((or)),
superintendent of public instruction, or a partisan office, a void in
candidacy occurs on or after the sixth Tuesday prior to a primary,
public filings and the primary being an indispensable phase of the
election process for such offices;
(2) Except as otherwise specified in RCW 29A.24.180, a ((nominee))
candidate for judge of the superior court entitled to a certificate of
election pursuant to Article 4, section 29, Amendment 41 of the state
Constitution dies or is disqualified on or after the sixth Tuesday
prior to a primary;
(3) In other elections for nonpartisan office a void in candidacy
occurs or a vacancy occurs involving an unexpired term to be filled on
or after the sixth Tuesday prior to an election.
Sec. 21 RCW 29A.24.310 and 2003 c 111 s 622 are each amended to
read as follows:
(1) Any person who desires to be a write-in candidate and have such
votes counted at a primary or election may file a declaration of
candidacy similar to the form in RCW 29A.24.030 with the same officer
designated in RCW 29A.24.070 not later than the day before the primary
or election. Declarations of candidacy for write-in candidates must be
accompanied by a filing fee in the same manner as required of other
candidates filing for the office as provided in RCW 29A.24.090.
(2) Votes cast for write-in candidates who have filed such
declarations of candidacy ((and write-in votes for persons appointed by
political parties pursuant to RCW 29A.28.020)) need only specify the
name of the candidate in the appropriate location on the ballot in
order to be counted. Write-in votes cast for any other candidate, in
order to be counted, must designate the office sought and position
number ((or political party)), if the manner in which the write-in is
done does not make the office or position clear. In order for write-in
votes to be valid in jurisdictions employing optical-scan mark sense
ballot systems the voter must complete the proper mark next to the
write-in line for that office.
(3) No person may file as a write-in candidate where:
(((1))) (a) 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))) (b) 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))) (c) 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.
(4) The declaration of candidacy shall be similar to that required
by RCW 29A.24.030. No write-in candidate filing under this section may
be included in any voter's pamphlet produced under chapter 29A.32 RCW
unless that candidate qualifies to have his or her name printed on the
general election ballot. The legislative authority of any jurisdiction
producing a local voter's pamphlet under chapter 29A.32 RCW may
provide, by ordinance, for the inclusion of write-in candidates in such
pamphlets.
Sec. 22 RCW 29A.24.320 and 2003 c 111 s 623 are each amended to
read as follows:
The secretary of state or county auditor who received a write-in
declaration for a district encompassing more than one county shall
notify each county auditor of any declarations filed with the secretary
under RCW 29A.24.310 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.
Sec. 23 RCW 29A.28.020 and 2003 c 111 s 702 are each amended to
read as follows:
A vacancy caused by the death or disqualification of any candidate
((or nominee of)) for a partisan office who is affiliated with a major
or minor political party that would result in no candidate affiliated
with that party being on the primary ballot for a partisan office may
be filled at any time up to and including the day ((prior to the
election)) before the primary for that position. For ((state))
partisan offices ((in any political subdivision voted on solely by
electors)) of a county or the state legislature voted on solely by
voters all or part of a single county, an individual ((shall)) may be
appointed to fill ((such)) a 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)) may be appointed to fill ((such)) the vacancy by
the state central committee or comparable governing body of the
appropriate political party.
If the vacancy occurs and the appointment is made no later than the
sixth Tuesday ((prior to the state)) before the primary ((or general
election)) concerned and the ballots have been printed, ((it shall be
mandatory that)) they must be corrected by the appropriate election
officers. In making ((such)) the correction, it ((shall)) is not
((be)) necessary to reprint complete ballots if any other less
expensive technique can be used and the resulting correction is
reasonably clear.
If the vacancy occurs after the sixth Tuesday ((prior to the
state)) before the 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 at the primary for
the person who has died or become disqualified ((shall)) must be
counted for the person who has been named to fill ((such)) the vacancy.
When the secretary of state is the person with whom the appointment
by the major or minor political party is filed, the secretary of state
shall, in certifying candidates ((or nominations)) to the various
county officers, insert the name of the person appointed to fill a
vacancy.
If the secretary of state has already sent forth the certificate
when the appointment to fill a vacancy is filed, the secretary of state
shall forthwith certify to the county auditors of the proper counties
the name and place of residence of the person appointed to fill a
vacancy, the office for which the person is a candidate ((or nominee)),
the party ((the person represents)) with which that person is
affiliated, and all other pertinent facts pertaining to the vacancy.
Sec. 24 RCW 29A.28.040 and 2003 c 111 s 704 are each amended to
read as follows:
(1) Whenever a vacancy occurs in the United States house of
representatives or the United States senate from this state, the
governor shall order a special election to fill the vacancy.
(2) Within ten days of such vacancy occurring, he or she shall
issue a writ of election fixing a date for the special vacancy election
not less than ninety days after the issuance of the writ, fixing a date
for the primary for ((nominating)) qualifying candidates for the
special vacancy election not less than thirty days before the day fixed
for holding the special vacancy election, fixing the dates for the
special filing period, and designating the term or part of the term for
which the vacancy exists. If the vacancy is in the office of United
States representative, the writ of election shall specify the
congressional district that is vacant.
(3) If the vacancy occurs less than six months before a state
general election and before the second Friday following the close of
the filing period for that general election, the special primary and
special vacancy elections shall be held in concert with the state
primary and state general election in that year.
(4) If the vacancy occurs on or after the first day for filing
under RCW 29A.24.050 and on or before the second Friday following the
close of the filing period, a special filing period of three normal
business days shall be fixed by the governor and notice thereof given
to all media, including press, radio, and television within the area in
which the vacancy election is to be held, to the end that, insofar as
possible, all interested persons will be aware of such filing period.
The last day of the filing period shall not be later than the third
Tuesday before the primary ((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.
Sec. 25 RCW 29A.28.060 and 2003 c 111 s 706 are each amended to
read as follows:
The general election laws and laws relating to ((partisan))
primaries ((shall)) for partisan offices apply to the special primaries
and vacancy elections provided for in RCW 29A.28.040 through 29A.28.050
to the extent that they are not inconsistent with the provisions of
these sections. Statutory time deadlines relating to availability of
absentee ballots, certification, canvassing, and related procedures
that cannot be met in a timely fashion may be modified for the purposes
of a specific primary or vacancy election under this chapter by the
secretary of state through emergency rules adopted under RCW
29A.04.610.
Sec. 26 RCW 29A.32.030 and 2003 c 111 s 803 are each amended to
read as follows:
The voters' pamphlet must contain:
(1) Information about each ballot measure initiated by or referred
to the voters for their approval or rejection as required by RCW
29A.32.070;
(2) In even-numbered years, statements, if submitted, advocating
the candidacies of ((nominees)) candidates qualified to appear on the
ballot for the office of president and vice president of the United
States, United States senator, United States representative, governor,
lieutenant governor, secretary of state, state treasurer, state
auditor, attorney general, commissioner of public lands, superintendent
of public instruction, insurance commissioner, state senator, state
representative, justice of the supreme court, judge of the court of
appeals, or judge of the superior court. Candidates may also submit a
campaign mailing address and telephone number and a photograph not more
than five years old and of a size and quality that the secretary of
state determines to be suitable for reproduction in the voters'
pamphlet;
(3) In odd-numbered years, if any office voted upon statewide
appears on the ballot due to a vacancy, then statements and photographs
for candidates for any vacant office listed in subsection (2) of this
section must appear;
(4) In even-numbered years, a section explaining how voters may
participate in the election campaign process; the address and telephone
number of the public disclosure commission established under RCW
42.17.350; and a summary of the disclosure requirements that apply when
contributions are made to candidates and political committees;
(5) In even-numbered years, the name, address, and telephone number
of each political party ((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)) for which a candidate appearing on the ballot has
expressed a preference on his or her declaration of candidacy, if the
party has provided that information to the secretary of state;
(6) In each odd-numbered year immediately before a year in which a
president of the United States is to be nominated and elected,
information explaining the precinct caucus and convention process used
by each major political party to elect delegates to its national
presidential candidate nominating convention. The pamphlet must also
provide a description of the statutory procedures by which minor
political parties are formed and the statutory methods used by the
parties to nominate candidates for president;
(7) In even-numbered years, a description of the office of precinct
committee officer and its duties;
(8) An application form for an absentee ballot;
(9) A brief statement explaining the deletion and addition of
language for proposed measures under RCW 29A.32.080; and
(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. 27 RCW 29A.36.010 and 2003 c 111 s 901 are each amended to
read as follows:
On or before the day following the last day allowed for ((political
parties to fill vacancies in the ticket as provided by RCW 29A.28.010))
candidates to withdraw under RCW 29A.24.130, the secretary of state
shall certify to each county auditor a list of the candidates who have
filed declarations of candidacy in his or her office for the primary.
For each office, the certificate shall include the name of each
candidate, his or her address, and his or her party designation, if
any.
Sec. 28 RCW 29A.36.100 and 2003 c 111 s 910 are each amended to
read as follows:
Except for the candidates for the positions of president and vice
president or for a partisan or nonpartisan office for which no primary
is required, the names of all candidates who((, under this title, filed
a declaration of candidacy, were certified as a candidate to fill a
vacancy on a major party ticket, or were nominated as an independent or
minor party candidate)) have satisfied all requirements of law will
appear on the appropriate ballot at the primary throughout the
jurisdiction ((in which they are to be nominated)) of the office for
which they are a candidate.
Sec. 29 RCW 29A.36.120 and 2003 c 111 s 912 are each amended to
read as follows:
(1) The positions or offices on a primary ballot shall be arranged
in substantially the following order: United States senator; United
States representative; governor; lieutenant governor; secretary of
state; state treasurer; state auditor; attorney general; commissioner
of public lands; superintendent of public instruction; insurance
commissioner; state senator; state representative; county officers;
justices of the supreme court; judges of the court of appeals; judges
of the superior court; and judges of the district court. For all other
jurisdictions on the primary ballot, the offices in each jurisdiction
shall be grouped together and be in the order of the position numbers
assigned to those offices, if any.
(2) The order of the positions or offices on an 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
29A.20 RCW has been timely filed.))
Sec. 30 RCW 29A.36.200 and 2003 c 111 s 920 are each amended to
read as follows:
The names of the persons certified ((as nominees)) by the secretary
of state or the county canvassing board as having qualified to appear
on the general election ballot shall be printed on the ballot at the
ensuing election.
No name of any candidate ((whose nomination at a primary is
required by law shall)) for an office for which a primary is conducted
may be placed upon the ballot at a general or special election unless
it appears upon the certificate of either (1) the secretary of state,
or (2) the county canvassing board, 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 29A.28.020.
Excluding the office of precinct committee officer or a temporary
elected position such as a charter review board member or freeholder,
a candidate's name shall not appear more than once upon a ballot for a
position regularly ((nominated)) qualified or elected at the same
election.
Sec. 31 RCW 29A.48.030 and 2003 c 111 s 1203 are each amended to
read as follows:
In an odd-numbered year, the county auditor may conduct a primary
or a special election by mail ballot concurrently with the primary:
(1) For an office or ballot measure of a special purpose district
that is entirely within the county;
(2) For an office or ballot measure of a special purpose district
that lies in the county and one or more other counties if the auditor
first secures the concurrence of the county auditors of those other
counties to conduct the primary in this manner district-wide; and
(3) For a ballot measure or nonpartisan office of a county, city,
or town if the auditor first secures the concurrence of the legislative
authority of the county, city, or town involved.
The county auditor shall notify an election jurisdiction for which
a primary is to be held that the primary will be conducted by mail
ballot.
A primary in an odd-numbered year may not be conducted by mail
ballot in a precinct with two hundred or more active registered voters
if a partisan office or state office or state ballot measure is to be
voted upon at that primary in the precinct.
To the extent they are not inconsistent with other provisions of
law, the laws governing the conduct of mail ballot special elections
apply to ((nonpartisan)) primaries for nonpartisan offices conducted by
mail ballot.
Sec. 32 RCW 29A.52.010 and 2003 c 111 s 1301 are each amended to
read as follows:
Whenever it shall be necessary to hold a special election in an
odd-numbered year to fill an unexpired term of any office which is
scheduled to be voted upon for a full term in an even-numbered year, no
((September)) primary election shall be held in the odd-numbered year
if, after the last day allowed for candidates to withdraw, ((either of
the following circumstances exist:)) no more than two candidates have filed a declaration of
candidacy for a single ((
(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)nonpartisan)) office to be filled.
In ((either)) this event, the officer with whom the declarations of
candidacy were filed shall immediately notify all candidates concerned
and the names of the candidates that would have been printed upon the
((September)) primary ballot, but for the provisions of this section,
shall be printed as ((nominees)) candidates for the positions sought
upon the ((November)) general election ballot.
Sec. 33 RCW 29A.52.110 and 2003 c 111 s 1302 are each amended to
read as follows:
Candidates for ((the following offices shall be nominated at))
partisan offices will appear on the ballot at primaries held ((pursuant
to the provisions of)) under 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. 34 RCW 29A.52.320 and 2003 c 111 s 1310 are each amended to
read as follows:
No later than the day following the certification of the returns of
any primary, the secretary of state shall certify to the appropriate
county auditors, the names of all persons ((nominated)) qualified to
appear on the general election ballot as candidates for offices, the
returns of which have been canvassed by the secretary of state.
Sec. 35 RCW 29A.52.350 and 2003 c 111 s 1313 are each amended to
read as follows:
Except as provided in RCW 29A.32.260, notice for any state,
county, district, or municipal election, whether special or general,
must be given by at least one publication not more than ten nor less
than three days before the election by the county auditor or the
officer conducting the election as the case may be, in one or more
newspapers of general circulation within the county. The legal notice
must contain the title of each office under the proper party
((designation)) preference, the names and addresses of all ((officers))
candidates who have been ((nominated)) qualified to appear on the
ballot for an office to be voted upon at that election, together with
the ballot titles of all measures, the hours during which the polls
will be open, and the polling places for each precinct, giving the
address of each polling place. The names of all candidates for
nonpartisan offices must be published separately with designation of
the offices for which they are candidates but without party
designation. This is the only notice required for a state, county,
district, or municipal general or special election and supersedes the
provisions of any and all other statutes, whether general or special in
nature, having different requirements for the giving of notice of any
general or special elections.
Sec. 36 RCW 29A.56.320 and 2003 c 111 s 1425 are each amended to
read as follows:
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 29A.20 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. 37 RCW 29A.60.020 and 2003 c 111 s 1502 are each amended to
read as follows:
(1) For any office at any election or primary, any voter may write
in on the ballot the name of any person for an office who has filed as
a write-in candidate for the office in the manner provided by RCW
29A.24.310 and such vote shall be counted the same as if the name had
been printed on the ballot and marked by the voter. No write-in vote
made for any person who has not filed a declaration of candidacy
pursuant to RCW 29A.24.310 is valid if that person filed for the same
office, either as a regular candidate or a write-in candidate, at the
preceding primary, except that nothing in this section invalidates a
vote for the sole reason that the vote was cast as a write-in for a
candidate whose name appears on the same ballot for the same office.
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)) a
candidate apparently ((nominated)) qualified to appear on the general
election ballot or elected, and the write-in votes could not have
altered the outcome of the primary or election. In the case of write-in votes for statewide office or for any office whose jurisdiction
encompasses more than one county, write-in votes for an individual
candidate must be tallied whenever the county auditor is notified by
either the office of the secretary of state or another auditor in a
multicounty jurisdiction that it appears that the write-in votes could
alter the outcome of the primary or election.
(4) In the case of statewide offices or jurisdictions that
encompass more than one county, if the total number of write-in votes
cast for an office within a county is greater than the number of votes
cast for a candidate apparently ((nominated)) qualified to appear on
the general election ballot or elected in a primary or election, the
auditor shall tally all write-in votes for individual candidates for
that office and notify the office of the secretary of state and the
auditors of the other counties within the jurisdiction, that the write-in votes for individual candidates should be tallied.
Sec. 38 RCW 29A.64.010 and 2003 c 111 s 1601 are each amended to
read as follows:
(1) An officer of a political party or any person for whom votes
were cast in a primary who was not declared ((nominated)) qualified to
appear on the general election ballot may file a written application
for a recount of the votes or a portion of the votes cast at that
primary for all persons for whom votes were cast for ((nomination to))
that office.
(2) 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.
(3) Any group of five or more registered voters may file a written
application for a recount of the votes or a portion of the votes cast
upon any question or issue. They shall designate one of the members of
the group as chair and shall indicate the voting residence of each
member of the group.
(4) 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.
(5) 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.
(6) An application for a recount must be filed within three
business days after the county canvassing board or secretary of state
has declared the official results of the primary or election for the
office or issue for which the recount is requested.
(7) 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. 39 RCW 29A.64.020 and 2003 c 111 s 1602 are each amended to
read as follows:
(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)) qualified to appear
on the general election ballot or elected to any office and the number
of votes cast for the closest apparently defeated opponent is less than
two thousand votes and also less than one-half of one percent of the
total number of votes cast for both candidates, the county canvassing
board shall conduct a recount of all votes cast on that position.
(a) Whenever such a difference occurs in the number of votes cast
for candidates for a position the declaration of candidacy for which
was filed with the secretary of state, the secretary of state shall,
within three business days of the day that the returns of the primary
or election are first certified by the canvassing boards of those
counties, direct those boards to recount all votes cast on the
position.
(b) If the difference in the number of votes cast for the apparent
winner and the closest apparently defeated opponent is less than one
hundred fifty votes and also less than one-fourth of one percent of the
total number of votes cast for both candidates, the votes shall be
recounted manually or as provided in subsection (3) of this section.
(2) A mandatory recount shall be conducted in the manner provided
by RCW 29A.64.030, 29A.64.040, and 29A.64.060. 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. 40 RCW 29A.64.040 and 2003 c 111 s 1604 are each amended to
read as follows:
(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)) qualification, 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. 41 RCW 29A.64.060 and 2003 c 111 s 1606 are each amended to
read as follows:
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,)) office or issue for which the
recount was conducted was submitted only to the voters of a county, the
canvassing board shall file the amended abstract with the original
results of that election or primary.
If the ((nomination, election,)) office or issue for which a
recount was conducted was submitted to the voters of more than one
county, the secretary of state shall canvass the amended abstracts and
shall file an amended abstract with the original results of that
election. An amended abstract certified under this section supersedes
any prior abstract of the results for the same offices or issues at the
same primary or election.
Sec. 42 RCW 29A.64.080 and 2003 c 111 s 1608 are each amended to
read as follows:
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)) primary or election for the office or issue for which
the recount was ordered.
Sec. 43 RCW 29A.80.010 and 2003 c 111 s 2001 are each amended to
read as follows:
(((1))) Each political party organization may:
(((a))) (1) Make its own rules and regulations; and
(((b))) (2) Perform all functions inherent in such an organization.
(((2) Only major political parties may designate candidates to
appear on the state primary ballot as provided in RCW 29A.28.010.))
Sec. 44 RCW 29A.80.020 and 2003 c 111 s 2002 are each amended to
read as follows:
The state committee of each major political party consists of one
committeeman and one committeewoman from each county elected by the
county central committee at its organization meeting. It must have a
chair and vice-chair 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 notice mailed at least
one week before the date of the meeting 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 may:
(1) Call conventions at such time and place and under such
circumstances and for such purposes as the call to convention
designates. The manner, number, and procedure for selection of state
convention delegates 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)) voters of more than one county under
RCW 29A.28.020;
(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 may
not adopt rules governing the conduct of the actual proceedings at a
party state convention.
Sec. 45 RCW 29A.80.050 and 2003 c 111 s 2005 are each amended to
read as follows:
The statutory requirements for filing as a candidate at the
primaries apply to candidates for precinct committee officer, except
that the filing period for this office alone is extended to and
includes the second Friday immediately following the last day for
((political parties to fill vacancies in the ticket as provided by RCW
29A.28.010)) the filing of declarations of candidacy under RCW
29A.24.050. 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 election for each
even-numbered year, and the one receiving the highest number of votes
will be declared elected. However, to be declared elected, a candidate
must receive at least ten percent of the number of votes cast for the
candidate of the candidate's party receiving the greatest number of
votes in the precinct. The term of office of precinct committee
officer is two years, commencing upon completion of the official
canvass of votes by the county canvassing board of election returns.
Sec. 46 RCW 29A.84.260 and 2003 c 111 s 2114 are each amended to
read as follows:
The following apply to persons signing ((nominating)) petitions of
candidacy prescribed by RCW 29A.24.100:
(1) A person who signs a petition with any other than his or her
name ((shall be)) is guilty of a misdemeanor.
(2) A person ((shall be)) is 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. 47 RCW 29A.84.710 and 2003 c 111 s 2137 are each amended to
read as follows:
Every person who((:)) knowingly and falsely issues a certificate of ((
(1)nomination
or)) election or a certificate stating which candidates for office have
qualified to appear on the general election ballot((; or)) is guilty of a class C felony punishable under RCW
9A.20.021.
(2) Knowingly provides false information on a certificate which
must be filed with an elections officer under RCW 29A.20.110 through
29A.20.200,
Sec. 48 RCW 42.17.020 and 2002 c 75 s 1 are each amended to read
as follows:
(1) "Agency" includes all state agencies and all local agencies.
"State agency" includes every state office, department, division,
bureau, board, commission, or other state agency. "Local agency"
includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office,
department, division, bureau, board, commission, or agency thereof, or
other local public agency.
(2) "Authorized committee" means the political committee authorized
by a candidate, or by the public official against whom recall charges
have been filed, to accept contributions or make expenditures on behalf
of the candidate or public official.
(3) "Ballot proposition" means any "measure" as defined by RCW
((29.01.110)) 29A.04.091, or any initiative, recall, or referendum
proposition proposed to be submitted to the voters of the state or any
municipal corporation, political subdivision, or other voting
constituency from and after the time when the proposition has been
initially filed with the appropriate election officer of that
constituency prior to its circulation for signatures.
(4) "Benefit" means a commercial, proprietary, financial, economic,
or monetary advantage, or the avoidance of a commercial, proprietary,
financial, economic, or monetary disadvantage.
(5) "Bona fide political party" means:
(a) ((An organization that has filed a valid certificate of
nomination with the secretary of state under chapter 29.24 RCW;)) The governing body of the state organization of a major
political party, as defined in RCW ((
(b)29.01.090)) 29A.04.085, that is
the body authorized by the charter or bylaws of the party to exercise
authority on behalf of the state party; or
(((c))) (b) The county central committee or legislative district
committee of a major political party. There may be only one
legislative district committee for each party in each legislative
district; or
(c) The governing body of the state organization of a minor
political party, the name of which appears on a candidates's
declaration of candidacy filed pursuant to RCW 29A.24.030.
(6) "Depository" means a bank designated by a candidate or
political committee pursuant to RCW 42.17.050.
(7) "Treasurer" and "deputy treasurer" mean the individuals
appointed by a candidate or political committee, pursuant to RCW
42.17.050, to perform the duties specified in that section.
(8) "Candidate" means any individual who seeks ((nomination))
qualification for election or election to public office. An individual
seeks ((nomination)) qualification or election when he or she first:
(a) Receives contributions or makes expenditures or reserves space
or facilities with intent to promote his or her candidacy for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast time to
promote his or her candidacy; or
(d) Gives his or her consent to another person to take on behalf of
the individual any of the actions in (a) or (c) of this subsection.
(9) "Caucus political committee" means a political committee
organized and maintained by the members of a major political party in
the state senate or state house of representatives.
(10) "Commercial advertiser" means any person who sells the service
of communicating messages or producing printed material for broadcast
or distribution to the general public or segments of the general public
whether through the use of newspapers, magazines, television and radio
stations, billboard companies, direct mail advertising companies,
printing companies, or otherwise.
(11) "Commission" means the agency established under RCW 42.17.350.
(12) "Compensation" unless the context requires a narrower meaning,
includes payment in any form for real or personal property or services
of any kind: PROVIDED, That for the purpose of compliance with RCW
42.17.241, the term "compensation" shall not include per diem
allowances or other payments made by a governmental entity to reimburse
a public official for expenses incurred while the official is engaged
in the official business of the governmental entity.
(13) "Continuing political committee" means a political committee
that is an organization of continuing existence not established in
anticipation of any particular election campaign.
(14)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of
indebtedness, donation, advance, pledge, payment, transfer of funds
between political committees, or anything of value, including personal
and professional services for less than full consideration;
(ii) An expenditure made by a person in cooperation, consultation,
or concert with, or at the request or suggestion of, a candidate, a
political committee, or their agents;
(iii) The financing by a person of the dissemination, distribution,
or republication, in whole or in part, of broadcast, written, graphic,
or other form of political advertising prepared by a candidate, a
political committee, or its authorized agent;
(iv) Sums paid for tickets to fund-raising events such as dinners
and parties, except for the actual cost of the consumables furnished at
the event.
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political committee's
account;
(ii) Ordinary home hospitality;
(iii) A contribution received by a candidate or political committee
that is returned to the contributor within five business days of the
date on which it is received by the candidate or political committee;
(iv) A news item, feature, commentary, or editorial in a regularly
scheduled news medium that is of primary interest to the general
public, that is in a news medium controlled by a person whose business
is that news medium, and that is not controlled by a candidate or a
political committee;
(v) An internal political communication primarily limited to the
members of or contributors to a political party organization or
political committee, or to the officers, management staff, or
stockholders of a corporation or similar enterprise, or to the members
of a labor organization or other membership organization;
(vi) The rendering of personal services of the sort commonly
performed by volunteer campaign workers, or incidental expenses
personally incurred by volunteer campaign workers not in excess of
fifty dollars personally paid for by the worker. "Volunteer services,"
for the purposes of this section, means services or labor for which the
individual is not compensated by any person;
(vii) Messages in the form of reader boards, banners, or yard or
window signs displayed on a person's own property or property occupied
by a person. However, a facility used for such political advertising
for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit
of the person providing the facility;
(viii) Legal or accounting services rendered to or on behalf of:
(A) A political party or caucus political committee if the person
paying for the services is the regular employer of the person rendering
such services; or
(B) A candidate or an authorized committee if the person paying for
the services is the regular employer of the individual rendering the
services and if the services are solely for the purpose of ensuring
compliance with state election or public disclosure laws.
(c) Contributions other than money or its equivalent are deemed to
have a monetary value equivalent to the fair market value of the
contribution. Services or property or rights furnished at less than
their fair market value for the purpose of assisting any candidate or
political committee are deemed a contribution. Such a contribution
must be reported as an in-kind contribution at its fair market value
and counts towards any applicable contribution limit of the provider.
(15) "Elected official" means any person elected at a general or
special election to any public office, and any person appointed to fill
a vacancy in any such office.
(16) "Election" includes any primary, general, or special election
for public office and any election in which a ballot proposition is
submitted to the voters: PROVIDED, That an election in which the
qualifications for voting include other than those requirements set
forth in Article VI, section 1 (Amendment 63) of the Constitution of
the state of Washington shall not be considered an election for
purposes of this chapter.
(17) "Election campaign" means any campaign in support of or in
opposition to a candidate for election to public office and any
campaign in support of, or in opposition to, a ballot proposition.
(18) "Election cycle" means the period beginning on the first day
of December after the date of the last previous general election for
the office that the candidate seeks and ending on November 30th after
the next election for the office. In the case of a special election to
fill a vacancy in an office, "election cycle" means the period
beginning on the day the vacancy occurs and ending on November 30th
after the special election.
(19) "Expenditure" includes a payment, contribution, subscription,
distribution, loan, advance, deposit, or gift of money or anything of
value, and includes a contract, promise, or agreement, whether or not
legally enforceable, to make an expenditure. The term "expenditure"
also includes a promise to pay, a payment, or a transfer of anything of
value in exchange for goods, services, property, facilities, or
anything of value for the purpose of assisting, benefiting, or honoring
any public official or candidate, or assisting in furthering or
opposing any election campaign. For the purposes of this chapter,
agreements to make expenditures, contracts, and promises to pay may be
reported as estimated obligations until actual payment is made. The
term "expenditure" shall not include the partial or complete repayment
by a candidate or political committee of the principal of a loan, the
receipt of which loan has been properly reported.
(20) "Final report" means the report described as a final report in
RCW 42.17.080(2).
(21) "General election" for the purposes of the limitation under
RCW 42.17.640 means the election that results in the election of a
person to a state office. It does not include a primary.
(22) "Gift," is as defined in RCW 42.52.010.
(23) "Immediate family" includes the spouse, dependent children,
and other dependent relatives, if living in the household. For the
purposes of RCW 42.17.640 through 42.17.790, "immediate family" means
an individual's spouse, and child, stepchild, grandchild, parent,
stepparent, grandparent, brother, half brother, sister, or half sister
of the individual and the spouse of any such person and a child,
stepchild, grandchild, parent, stepparent, grandparent, brother, half
brother, sister, or half sister of the individual's spouse and the
spouse of any such person.
(24) "Independent expenditure" means an expenditure that has each
of the following elements:
(a) It is made in support of or in opposition to a candidate for
office by a person who is not (i) a candidate for that office, (ii) an
authorized committee of that candidate for that office, (iii) a person
who has received the candidate's encouragement or approval to make the
expenditure, if the expenditure pays in whole or in part for political
advertising supporting that candidate or promoting the defeat of any
other candidate or candidates for that office, or (iv) a person with
whom the candidate has collaborated for the purpose of making the
expenditure, if the expenditure pays in whole or in part for political
advertising supporting that candidate or promoting the defeat of any
other candidate or candidates for that office;
(b) The expenditure pays in whole or in part for political
advertising that either specifically names the candidate supported or
opposed, or clearly and beyond any doubt identifies the candidate
without using the candidate's name; and
(c) The expenditure, alone or in conjunction with another
expenditure or other expenditures of the same person in support of or
opposition to that candidate, has a value of five hundred dollars or
more. A series of expenditures, each of which is under five hundred
dollars, constitutes one independent expenditure if their cumulative
value is five hundred dollars or more.
(25)(a) "Intermediary" means an individual who transmits a
contribution to a candidate or committee from another person unless the
contribution is from the individual's employer, immediate family as
defined for purposes of RCW 42.17.640 through 42.17.790, or an
association to which the individual belongs.
(b) A treasurer or a candidate is not an intermediary for purposes
of the committee that the treasurer or candidate serves.
(c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and
customary rate.
(d) A volunteer hosting a fund-raising event at the individual's
home is not an intermediary for purposes of that event.
(26) "Legislation" means bills, resolutions, motions, amendments,
nominations, and other matters pending or proposed in either house of
the state legislature, and includes any other matter that may be the
subject of action by either house or any committee of the legislature
and all bills and resolutions that, having passed both houses, are
pending approval by the governor.
(27) "Lobby" and "lobbying" each mean attempting to influence the
passage or defeat of any legislation by the legislature of the state of
Washington, or the adoption or rejection of any rule, standard, rate,
or other legislative enactment of any state agency under the state
Administrative Procedure Act, chapter 34.05 RCW. Neither "lobby" nor
"lobbying" includes an association's or other organization's act of
communicating with the members of that association or organization.
(28) "Lobbyist" includes any person who lobbies either in his or
her own or another's behalf.
(29) "Lobbyist's employer" means the person or persons by whom a
lobbyist is employed and all persons by whom he or she is compensated
for acting as a lobbyist.
(30) "Person" includes an individual, partnership, joint venture,
public or private corporation, association, federal, state, or local
governmental entity or agency however constituted, candidate,
committee, political committee, political party, executive committee
thereof, or any other organization or group of persons, however
organized.
(31) "Person in interest" means the person who is the subject of a
record or any representative designated by that person, except that if
that person is under a legal disability, the term "person in interest"
means and includes the parent or duly appointed legal representative.
(32) "Political advertising" includes any advertising displays,
newspaper ads, billboards, signs, brochures, articles, tabloids,
flyers, letters, radio or television presentations, or other means of
mass communication, used for the purpose of appealing, directly or
indirectly, for votes or for financial or other support in any election
campaign.
(33) "Political committee" means any person (except a candidate or
an individual dealing with his or her own funds or property) having the
expectation of receiving contributions or making expenditures in
support of, or opposition to, any candidate or any ballot proposition.
(34) "Primary" for the purposes of the limitation under RCW
42.17.640 means the procedure for ((nominating a candidate to state
office under chapter 29.18 or 29.21 RCW or any other primary for an
election that uses, in large measure, the procedures established in
chapter 29.18 or 29.21)) qualifying candidates to the general election
ballot under Title 29A RCW.
(35) "Public office" means any federal, state, county, city, town,
school district, port district, special district, or other state
political subdivision elective office.
(36) "Public record" includes any writing containing information
relating to the conduct of government or the performance of any
governmental or proprietary function prepared, owned, used, or retained
by any state or local agency regardless of physical form or
characteristics. For the office of the secretary of the senate and the
office of the chief clerk of the house of representatives, public
records means legislative records as defined in RCW 40.14.100 and also
means the following: All budget and financial records; personnel
leave, travel, and payroll records; records of legislative sessions;
reports submitted to the legislature; and any other record designated
a public record by any official action of the senate or the house of
representatives.
(37) "Recall campaign" means the period of time beginning on the
date of the filing of recall charges under RCW ((29.82.015)) 29A.56.120
and ending thirty days after the recall election.
(38) "State legislative office" means the office of a member of the
state house of representatives or the office of a member of the state
senate.
(39) "State office" means state legislative office or the office of
governor, lieutenant governor, secretary of state, attorney general,
commissioner of public lands, insurance commissioner, superintendent of
public instruction, state auditor, or state treasurer.
(40) "State official" means a person who holds a state office.
(41) "Surplus funds" mean, in the case of a political committee or
candidate, the balance of contributions that remain in the possession
or control of that committee or candidate subsequent to the election
for which the contributions were received, and that are in excess of
the amount necessary to pay remaining debts incurred by the committee
or candidate prior to that election. In the case of a continuing
political committee, "surplus funds" mean those contributions remaining
in the possession or control of the committee that are in excess of the
amount necessary to pay all remaining debts when it makes its final
report under RCW 42.17.065.
(42) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of recording any
form of communication or representation, including, but not limited to,
letters, words, pictures, sounds, or symbols, or combination thereof,
and all papers, maps, magnetic or paper tapes, photographic films and
prints, motion picture, film and video recordings, magnetic or punched
cards, discs, drums, diskettes, sound recordings, and other documents
including existing data compilations from which information may be
obtained or translated.
As used in this chapter, the singular ((shall)) takes the plural
and any gender, the other, as the context requires.
NEW SECTION. Sec. 49 The following acts or parts of acts are
each repealed:
(1) RCW 29A.04.157 (September primary) and 2003 c 111 s 128;
(2) RCW 29A.20.110 (Definitions -- "Convention" and "election
jurisdiction.") and 2003 c 111 s 505, 1977 ex.s. c 329 s 1, & 1965 c 9
s 29.24.010;
(3) RCW 29A.20.120 (Nomination by convention or write-in -- Dates--Special filing period) and 2003 c 111 s 506;
(4) RCW 29A.20.140 (Convention -- Requirements for validity) and 2003
c 111 s 508;
(5) RCW 29A.20.150 (Nominating petition -- Requirements) and 2003 c
111 s 509;
(6) RCW 29A.20.160 (Certificate of nomination -- Requisites) and 2003
c 111 s 510, 1989 c 215 s 4, 1977 ex.s. c 329 s 4, & 1965 c 9 s
29.24.040;
(7) RCW 29A.20.170 (Multiple certificates of nomination) and 2003
c 111 s 511;
(8) RCW 29A.20.190 (Certificate of nomination -- Checking
signatures -- Appeal of determination) and 2003 c 111 s 513;
(9) RCW 29A.20.200 (Declarations of candidacy required,
exceptions -- Payment of fees) and 2003 c 111 s 514, 1990 c 59 s 103,
1989 c 215 s 8, 1977 ex.s. c 329 s 7, & 1965 c 9 s 29.24.070;
(10) RCW 29A.24.200 (Lapse of election when no filing for single
positions -- Effect) and 2003 c 111 s 620;
(11) RCW 29A.28.010 (Major party ticket) and 2003 c 111 s 701, 1990
c 59 s 102, 1977 ex.s. c 329 s 12, & 1965 c 9 s 29.18.150; and
(12) RCW 29A.36.190 (Partisan candidates qualified for general
election) and 2003 c 111 s 919.
NEW SECTION. Sec. 50 RCW 29A.20.180 is recodified as a section
in chapter 29A.56 RCW.
NEW SECTION. Sec. 51 (1) The code reviser shall recaption
chapter 29A.52 RCW as "Primaries and elections for partisan offices."
(2) The code reviser shall recaption RCW 29A.36.170 as "Candidates
qualified for general election."
(3) The code reviser shall recaption RCW 29A.52.130 as "Rights of
voters in primary elections."
NEW SECTION. Sec. 52 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
July 1, 2004.
NEW SECTION. Sec. 53 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.