BILL REQ. #:  S-3410.2 

Read first time 01/21/2004.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to a private choice open primary election; amending RCW 29A.04.007, 29A.36.120, 29A.12.080, and 29A.20.200; adding new sections to chapter 29A.52 RCW; repealing RCW 29A.52.130; and providing an effective date.

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

Sec. 1   RCW 29A.04.007 and 2003 c 111 s 102 are each amended to read as follows:
     As used in this title:
     (1) "Ballot" means, as the context implies, either:
     (a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;
     (b) A facsimile of the contents of a particular ballot whether printed on a paper ballot or ballot card or as part of a voting machine or voting device;
     (c) A physical or electronic record of the choices of an individual voter in a particular primary, general election, or special election; ((or))
     (d) The physical document on which the voter's choices are to be recorded; or
     (e) The set of ballots given to each voter in a primary election that includes the nonpartisan ballot, if prepared, and all party ballots;
     (2) "Paper ballot" means a piece of paper on which the ballot for a particular election or primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually;
     (3) "Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure and that is to be tabulated on a vote tallying system;
     (4) "Sample ballot" means a printed facsimile of all the issues and offices on the ballot in a jurisdiction and is intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general election, or special election;
     (5) "Provisional ballot" means a ballot issued to a voter at the polling place on election day by the precinct election board, for one of the following reasons:
     (a) The voter's name does not appear in the poll book;
     (b) There is an indication in the poll book that the voter has requested an absentee ballot, but the voter wishes to vote at the polling place;
     (c) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote.

NEW SECTION.  Sec. 2   Each major political party shall nominate its candidates for public office, except for presidential electors by a primary election as provided in this chapter.
     A minor political party may qualify to nominate its candidates by primary election by presenting a petition, in a form prescribed by the secretary of state, requesting the primary election and signed by the lesser of a number of registered voters equal to five percent or more of the total votes cast for the successful candidate for governor at the last general election, or a total of five thousand registered voters. The total must include registered voters equal to five percent or more of the total votes cast for the successful candidate for governor at the last general election from more than one-third of the legislative districts, or one hundred fifty registered voters from those districts, whichever is less.
     The petition must be presented to the county auditor in which the signatures were gathered. The county auditor shall check the petition and canvass the signatures on the petition to determine if the requirements of this section have been met. Once the determination has been made, the county auditor shall forward the verified petition to the secretary of state. The petition must be submitted to the county auditor by the close of business on the last day for candidates to file for office.

NEW SECTION.  Sec. 3   In all partisan primary elections, separate ballots must be prepared for each political party entitled to participate. The name of the political party must appear at the top of the separate ballot for that party and need not appear opposite each candidate's name.
     The separate ballots for each political party must have the same appearance. Each set of party ballots must bear the same number.
     A primary ballot for a political party need not be prepared if the party does not have candidates for more than half of the offices to appear on the ballot; and no more than one candidate files for nomination by that party for any of the offices to appear on the ballot. If a primary ballot for a political party is not prepared, the secretary of state shall certify that a primary election is unnecessary for that party and shall instruct the county auditor to certify the names of the candidates for that party for the general election ballot only.

NEW SECTION.  Sec. 4   Nonpartisan offices and ballot issues to be voted on at a primary election must either be prepared on separate ballots or appear on the same ballot as partisan offices if:
     (1) Each section is clearly identified as separate; and
     (2) The nonpartisan offices and ballot issues appear on each political party ballot.
     If prepared as a separate ballot, the nonpartisan ballot must have a different appearance than the party ballots but must be numbered in the same order as the party ballots.

NEW SECTION.  Sec. 5   At the primary election, each voter shall receive a set of ballots that includes the nonpartisan and issue ballot, if prepared, and all party ballots. The voter shall cast votes on the nonpartisan ballot and only one of the party ballots. After casting votes the voter shall either: (1) Remove the numbered stub from the nonpartisan and voted party ballots, place the ballots in the ballot box, and return the number and all nonvoted party ballots to the precinct election officers; or (2) deliver the entire set of ballots to the precinct election officers, who shall remove the numbered stub from the nonpartisan and party ballot and place the ballots in the ballot box. All nonvoted party ballots shall be placed in a separate ballot box.

NEW SECTION.  Sec. 6   Except as otherwise provided in this section, election officers at the primary election shall prepare for a count of votes cast on paper ballots in the manner prescribed in chapter 29A.60 RCW.
     In preparing for a count of paper ballots, the election officers shall:
     (1) Separate the ballots for each political party and count each party's ballots separately;
     (2) Reconcile the total number of party ballots and the separate total number of other ballots used at the election with the number of electors voting;
     (3) List each party's candidates separately in the tally books; and
     (4) Bundle the voted ballots for each party separately for return to the election officer. The unvoted ballots must be bundled in accordance with rules established pursuant to RCW 29A.04.610.
     The election officers shall prepare for the counting of primary nonpaper ballots in the manner prescribed under rules adopted pursuant to RCW 29A.04.610.

Sec. 7   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. 8   RCW 29A.12.080 and 2003 c 111 s 308 are each amended to read as follows:
     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 at any general or special election 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 at any general or special election 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. 9   RCW 29A.20.200 and 2003 c 111 s 514 are each amended to read as follows:
     Not later than the Friday immediately preceding the first day for candidates to file, the secretary of state shall notify the county auditors of the names and designations of all minor party and independent candidates who have filed valid convention certificates and nominating petitions with that office. Except for the offices of president and vice president, persons nominated under this chapter shall file declarations of candidacy as provided by RCW 29A.24.030 and 29A.24.070. The name of a candidate nominated at a convention shall not be printed upon the primary 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)).

NEW SECTION.  Sec. 10   RCW 29A.52.130 (Blanket primary authorized) and 2003 c 111 s 1304 are each repealed.

NEW SECTION.  Sec. 11   Sections 2 through 6 of this act are each added to chapter 29A.52 RCW.

NEW SECTION.  Sec. 12   This act takes effect July 1, 2004.