BILL REQ. #:  Z-0868.4 

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

     AN ACT Relating to the modified blanket primary; amending RCW 29A.36.170, 29A.24.030, 29A.20.020, 29A.52.110, 29A.04.085, 29A.04.127, 29A.04.310, 29A.20.120, 29A.20.140, 29A.20.150, 29A.20.160, 29A.20.170, 29A.20.180, 29A.20.190, 29A.24.080, 29A.24.090, 29A.24.100, 29A.24.140, 29A.24.150, 29A.24.160, 29A.24.170, 29A.24.190, 29A.24.310, 29A.28.040, 29A.28.060, 29A.32.030, 29A.36.010, 29A.36.100, 29A.36.200, 29A.52.010, 29A.52.320, 29A.52.350, 29A.60.020, 29A.60.220, 29A.64.010, 29A.64.020, 29A.64.040, 29A.64.060, 29A.64.080, 29A.84.710, and 42.17.020; adding new sections to chapter 29A.52 RCW; adding a new section to chapter 29A.24 RCW; adding a new section to chapter 29A.04 RCW; adding a new section to chapter 29A.28 RCW; creating new sections; repealing RCW 29A.04.157, 29A.20.110, 29A.20.130, 29A.20.200, 29A.24.200, 29A.24.210, 29A.28.010, 29A.28.020, and 29A.36.190; providing a contingent effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 101   This act may be known and cited as the Modified Blanket Primary Act.

NEW SECTION.  Sec. 102   A new section is added to chapter 29A.52 RCW to read as follows:
     The provisions of this title relating to primaries must be liberally construed to further the following interests:
     (1) The legislature finds that the process of determining which candidates will appear on the general election ballot or be elected to office is a public process, in which all voters must be permitted to participate. The legislature further finds that it is not in the public interest to expend public funds on a nominating process that does not permit the participation of all voters without regard to party affiliation or requires a public declaration of party affiliation;
     (2) All qualified registered voters of the state of Washington should be permitted to participate in all meaningful stages of the process for selecting candidates to appear on the general election ballot by voting for the candidate of their choice; and
     (3) No registered voter of the state of Washington should be required to divulge to any public or private entity his or her party affiliation, if any, as a prerequisite to voting.

NEW SECTION.  Sec. 201   This act does not take effect and is void in its entirety if, by no later than the close of business on June 30, 2004, the state chairs of each major political party file with the secretary of state a written declaration expressly stating the party's perpetual and irrevocable consent to the participation of all registered voters in the selection of that party's nominees for partisan elected office without limitation based on either party affiliation or the decision of any voters to cast ballots for candidates of more than one party at the same primary.

NEW SECTION.  Sec. 202   (1) Except as provided in section 201 of this act and in subsection (4) of this section, this act takes effect:
     (a) On July 1, 2004, if, as of that date, the decision issued by the United States Court of Appeals for the Ninth Circuit on September 15, 2003, in the case of Democratic Party of Washington State v. Reed has not been withdrawn, stayed, reversed, or otherwise superseded;
     (b) On July 1, 2004, if any other decision of any court of competent jurisdiction is in effect as of that date holding unconstitutional the system for conducting partisan primaries provided for by statute before the enactment of this act;
     (c) On such later date, after July 1, 2004, but before January 1, 2007, if a court of competent jurisdiction enters a ruling holding unconstitutional the system for conducting partisan primaries provided for by statute before the enactment of this act.
     (2) If the circumstances described in subsection (1) of this section do not occur before January 1, 2007, then this act is null and void in its entirety.
     (3) If this act goes into effect under subsection (1) of this section, but no later than January 1, 2008, a decision causing this act to take effect is reversed or overruled, then this act becomes null and void as of the date the decision to reverse or overrule becomes final. If a primary for partisan office is scheduled to occur within thirty days after that date, then this act becomes null and void one day after the results of the general election that follows that primary are certified.
     (4) Section 442 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

Sec. 301   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.

Sec. 302   RCW 29A.24.030 and 2003 c 111 s 603 are each amended to read as follows:
     A candidate who desires to have his or her name printed on the ballot for election to an office other than president of the United States, vice president of the United States, or an office for which ownership of property is a prerequisite to voting shall complete and file a declaration of candidacy. The secretary of state shall adopt, by rule, a declaration of candidacy form for the office of precinct committee officer and a separate standard form for candidates for all other offices filing under this chapter. Included on the standard form shall be:
     (1) A place for the candidate to declare that he or she is a registered voter within the jurisdiction of the office for which he or she is filing, and the address at which he or she is registered;
     (2) A place for the candidate to indicate the position for which he or she is filing;
     (3) For those offices defined in section 402 of this act only, a place for the candidate to indicate ((a party designation, if applicable)) which major or minor political party, if any, the candidate regards as best approximating his or her own political philosophy. No candidate may list more than one political party. Nothing in this declaration of party philosophy may be construed as denoting an endorsement, or nomination by that party. If a court of competent jurisdiction holds that a political party has a right to control the use of the name in a manner inconsistent with this subsection, this subsection is inoperative and section 303 of this act applies;
     (4) A place for the candidate to indicate the amount of the filing fee accompanying the declaration of candidacy or for the candidate to indicate that he or she is filing a ((nominating)) petition in lieu of the filing fee under RCW 29A.24.090;
     (5) A place for the candidate to sign the declaration of candidacy, stating that the information provided on the form is true and swearing or affirming that he or she will support the Constitution and laws of the United States and the Constitution and laws of the state of Washington.
     In the case of a declaration of candidacy filed electronically, submission of the form constitutes agreement that the information provided with the filing is true, that he or she will support the Constitutions and laws of the United States and the state of Washington, and that he or she agrees to electronic payment of the filing fee established in RCW 29A.24.090.
     The secretary of state may require any other information on the form he or she deems appropriate to facilitate the filing process.

NEW SECTION.  Sec. 303   A new section is added to chapter 29A.24 RCW to read as follows:
     If, as provided in RCW 29A.24.030(3), a court of competent jurisdiction holds that a political party has the right to control the use of its name in a manner inconsistent with the provision of that subsection, then the following process applies:
     For those offices defined in section 402 of this act, a place for the candidate to submit a description of up to three words that the candidate regards as best approximating his or her own political preference. The secretary of state shall adopt rules as necessary for the implementation of this section.

Sec. 304   RCW 29A.20.020 and 2003 c 111 s 502 are each amended to read as follows:
     (1) A person filing a declaration of candidacy for an office shall, at the time of filing, be a registered voter and possess the qualifications specified by law for persons who may be elected to the office.
     (2) Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, no person may file for more than one office.
     (3) The name of a candidate for an office shall not appear on a ballot for that office unless, except as provided in RCW 3.46.067 and 3.50.057, the candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to vote in the geographic area represented by the office. For the purposes of this section, each geographic area in which registered voters may cast ballots for an office is represented by that office. If a person elected to an office must be nominated from a district or similar division of the geographic area represented by the office, the name of a candidate for the office shall not appear on a primary ballot for that office unless the candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to vote in that district or division. The officer with whom declarations of candidacy must be filed under this title shall review each such declaration filed regarding compliance with this subsection.
     (4) ((This section does not apply to the office of a member of the United States Congress.)) (a) The name of a candidate for a partisan office may not appear on the ballot for that office unless his or her declaration of candidacy is accompanied by a filing petition. The filing petition must contain the signatures of at least twenty-five voters registered within the jurisdiction of the office, or in the case of offices voted upon statewide at least two hundred voters registered in the state. The filing petition must be in substantially the same form as provided in RCW 29A.24.100.
     (b) If a candidate submits a petition in lieu of a filing fee as specified in RCW 29A.24.090, the filing petition specified in (a) of this subsection is not required.
     (5) The requirements of voter registration and residence within the geographic area of a district do not apply to candidates for congressional office. Qualifications for United State Congress are specified in the United States Constitution.

Sec. 305   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)).

NEW SECTION.  Sec. 306   A new section is added to chapter 29A.52 RCW to read as follows:
     (1) Whenever candidates for 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, two candidates must be certified as qualified to appear on the general election ballot, under RCW 29A.52.320 and 29A.36.170.
     (2) A primary may not be used to select the nominees of a political party. A primary is a critical stage in the public process by which voters elect candidates to public office.
     (3) If a candidate expresses a political philosophy as provided by RCW 29A.24.030 and section 303 of this act on his or her declaration of candidacy, then the philosophy will be listed for the candidate on the primary and general election ballots. Each candidate who does not express a philosophy will be listed as an independent candidate on the primary and general election ballots. Political philosophy will be listed for the information of the 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. 401   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)) where 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 best approximating his or her own political philosophy on his or her declaration of candidacy received at least five percent of the total votes cast at the last preceding primary election or general election occurring in a year in which the governor is elected.

NEW SECTION.  Sec. 402   A new section is added to chapter 29A.04 RCW to read as follows:
     "Partisan office" means an office for which a candidate may identify a political party under RCW 29A.24.030(3), or if applicable a political preference under section 303 of this act, and is limited to the following offices:
     (1) United States senator and 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 provide otherwise.

Sec. 403   RCW 29A.04.127 and 2003 c 111 s 122 are each amended to read as follows:
     "Primary" ((or "primary election")) means a statutory qualifying procedure ((for nominating candidates to public office at the polls)) by which all voters are 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 that not more than two candidates for each office will qualify to appear on the general election ballot.

Sec. 404   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. 405   RCW 29A.20.120 and 2003 c 111 s 506 are each amended to read as follows:
     (((1) Any nomination of a candidate for partisan public office by other than a major political party may be made only: (a) In a convention held not earlier than the last Saturday in June and not later than the first Saturday in July or during any of the seven days immediately preceding the first day for filing declarations of candidacy as fixed in accordance with RCW 29A.28.040; (b) as provided by RCW 29A.60.020; or (c) as otherwise provided in this section.
     (2))) Nominations of candidates for president and vice president of the United States other than by a major political party ((may)) must be made ((either at a convention conducted under subsection (1) of this section, or)) at a ((similar)) convention ((taking place)) to be held not earlier than the first Sunday in July and not later than seventy days before the general election. ((Conventions held during this time period may not nominate candidates for any public office other than president and vice president of the United States, except as provided in subsection (3) of this section.
     (3) If a special filing period for a partisan office is opened under RCW 29A.24.210, candidates of minor political parties and independent candidates may file for office during that special filing period. The names of those candidates may not appear on the ballot unless they are nominated by convention held no later than five days after the close of the special filing period and a certificate of nomination is filed with the filing officer no later than three days after the convention. The requirements of RCW 29A.20.130 do not apply to such a convention. If primary ballots or a voters' pamphlet are ordered to be printed before the deadline for submitting the certificate of nomination and the certificate has not been filed, then the candidate's name will be included but may not appear on the general election ballot unless the certificate is timely filed and the candidate otherwise qualifies to appear on that ballot.
     (4) A minor political party may hold more than one convention but in no case shall any such party nominate more than one candidate for any one partisan public office or position. For the purpose of nominating candidates for the offices of president and vice president, United States senator, or a statewide office, a minor party or independent candidate holding multiple conventions may add together the number of signatures of different individuals from each convention obtained in support of the candidate or candidates in order to obtain the number required by RCW 29A.20.140. For all other offices for which nominations are made, signatures of the requisite number of registered voters must be obtained at a single convention.))

Sec. 406   RCW 29A.20.140 and 2003 c 111 s 508 are each amended to read as follows:
     (((1) To be valid, a convention must be attended by at least twenty-five registered voters.
     (2))) In order to nominate candidates for the offices of president and vice president of the United States, ((United States senator, or any statewide office,)) a nominating convention shall obtain and submit to the filing officer the signatures of at least two hundred registered voters of the state of Washington. ((In order to nominate candidates for any other office, a nominating convention shall obtain and submit to the filing officer the signatures of twenty-five persons who are registered to vote in the jurisdiction of the office for which the nominations are made.))

Sec. 407   RCW 29A.20.150 and 2003 c 111 s 509 are each amended to read as follows:
     A nominating petition submitted under this chapter shall clearly identify the name of the minor party or independent candidate ((convention as it appears on the certificate of nomination as required by RCW 29A.20.160(3))). The petition shall also contain a statement that the person signing the petition is a registered voter of the state of Washington and shall have a space for the voter to sign his or her name and to print his or her name and address. ((No person may sign more than one nominating petition under this chapter for an office for a primary or election.)) The nominating petition must be submitted to the secretary of state not later than ten days after adjournment of the convention.

Sec. 408   RCW 29A.20.160 and 2003 c 111 s 510 are each amended to read as follows:
     A certificate evidencing nominations of candidates for the offices of president and vice president made at a convention must:
     (1) Be in writing;
     (2) Contain the name of each person nominated((, his or her residence, and the office for which he or she is named, and if the nomination is)) for the offices of president and vice president of the United States, their addresses, and a sworn statement from both nominees giving their consent to the nomination;
     (3) Identify the minor political party or the independent candidate on whose behalf the convention was held;
     (4) Be verified by the oath of the presiding officer and secretary;
     (5) Be accompanied by a nominating petition or petitions bearing the signatures and addresses of registered voters equal in number to that required by RCW 29A.20.140;
     (6) Contain proof of publication of the notice of calling the convention; and
     (7) Be submitted to the ((appropriate filing officer)) secretary of state not later than one week following the adjournment of the convention at which the nominations were made. ((If the nominations are made only for offices whose jurisdiction is entirely within one county, the certificate and nominating petitions must be filed with the county auditor. If a minor party or independent candidate convention nominates any candidates for offices whose jurisdiction encompasses more than one county, all nominating petitions and the convention certificates must be filed with the secretary of state.))

Sec. 409   RCW 29A.20.170 and 2003 c 111 s 511 are each amended to read as follows:
     (1) If two or more valid certificates of nomination are filed purporting to nominate different candidates for ((the same position)) president and vice president using the same party name, the filing officer must give effect to both certificates. If conflicting claims to the party name are not resolved either by mutual agreement or by a judicial determination of the right to the name, the candidates must be treated as independent candidates. Disputes over the right to the name must not be permitted to delay the printing of either ballots or a voters' pamphlet. ((Other candidates nominated by the same conventions may continue to use the partisan affiliation unless a court of competent jurisdiction directs otherwise.))
     (2) A person affected may petition the superior court of ((the)) Thurston county ((in which the filing officer is located)) for a judicial determination of the right to the name of a minor political party, either before or after documents are filed with the ((filing officer)) secretary of state. The court shall resolve the conflict between competing claims to the use of the same party name according to the following principles: (a) The prior established public use of the name during previous elections by a party composed of or led by the same individuals or individuals in documented succession; (b) prior established public use of the name earlier in the same election cycle; (c) ((the nomination of a more complete slate of candidates for a number of offices or in a number of different regions of the state; (d))) documented affiliation with a national or statewide party organization with an established use of the name; (((e))) (d) the first date of filing of a certificate of nomination; and (((f))) (e) such other indicia of an established right to use of the name as the court may deem relevant. ((If more than one filing officer is involved, and one of them is the secretary of state, the petition must be filed in the superior court for Thurston county.)) Upon resolving the conflict between competing claims, the court may also address any ballot designation for the candidate who does not prevail.

Sec. 410   RCW 29A.20.180 and 2003 c 111 s 512 are each amended to read as follows:
     A minor political party or independent candidate convention nominating candidates for the offices of president and vice president of the United States shall, not later than ten days after the adjournment of the convention, submit a list of presidential electors to the office of the secretary of state. The list shall contain the names and the mailing addresses of the persons selected and shall be verified by the ((presiding officer of the convention)) candidates named on the nominating petition.

Sec. 411   RCW 29A.20.190 and 2003 c 111 s 513 are each amended to read as follows:
     Upon the receipt of the ((certificate of nomination)) nominating petition, the ((officer with whom it is filed shall check the certificate and)) secretary of state shall canvass the signatures ((on the accompanying nominating petitions to determine if the requirements of RCW 29A.20.140 have been met)). Once the determination of the sufficiency of the petitions has been made, the filing officer shall notify the ((presiding officer of the convention)) candidates and any other persons requesting the notification((, of his or her decision regarding the sufficiency of the certificate or the nominating petitions)). Any appeal regarding the filing officer's determination must be filed with the superior court of ((the)) Thurston county ((in which the certificate or petitions were filed)) not later than five days from the date the determination is made, and shall be heard and finally disposed of by the court within five days of the filing. Nominating petitions shall not be available for public inspection or copying.

Sec. 412   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. 413   RCW 29A.24.090 and 2003 c 111 s 609 are each amended to read as follows:
     A filing fee of one dollar shall accompany each declaration of candidacy for precinct committee officer; a filing fee of ten dollars shall accompany the declaration of candidacy for any office with a fixed annual salary of one thousand dollars or less; a filing fee equal to one percent of the annual salary of the office at the time of filing shall accompany the declaration of candidacy for any office with a fixed annual salary of more than one thousand dollars per annum. No filing fee need accompany a declaration of candidacy for any office for which compensation is on a per diem or per meeting attended basis.
     A candidate who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit with his or her declaration of candidacy a ((nominating)) petition. The petition shall contain not less than a number of signatures of registered voters equal to the number of dollars of the filing fee. The signatures shall be of voters registered to vote within the jurisdiction of the office for which the candidate is filing.
     When the candidacy is for:
     (1) A legislative or judicial office that includes territory from more than one county, the fee shall be paid to the secretary of state for equal division between the treasuries of the counties comprising the district.
     (2) A city or town office, the fee shall be paid to the county auditor who shall transmit it to the city or town clerk for deposit in the city or town treasury.

Sec. 414   RCW 29A.24.100 and 2003 c 111 s 610 are each amended to read as follows:
     The ((nominating)) filing petition authorized by RCW 29A.20.020 and 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. 415   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. 416   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. 417   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 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. 418   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 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 for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29, Amendment 41 of the state Constitution, dies or is disqualified.
     Candidacies validly filed within said three-day period shall appear on the ballot as if made during the earlier filing period.

Sec. 419   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 is 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. 420   RCW 29A.24.310 and 2003 c 111 s 622 are each amended to read as follows:
     Any person who desires to be a write-in candidate and have such votes counted at a primary or election may file a declaration of candidacy with the officer designated in RCW 29A.24.070 not later than the day before the primary or election. Declarations of candidacy for write-in candidates must be accompanied by a filing fee in the same manner as required of other candidates filing for the office as provided in RCW 29A.24.090.
     Votes cast for write-in candidates who have filed such declarations of candidacy ((and write-in votes for persons appointed by political parties pursuant to RCW 29A.28.020)) need only specify the name of the candidate in the appropriate location on the ballot in order to be counted. Write-in votes cast for any other candidate, in order to be counted, must designate the office sought and position number ((or political party)), if the manner in which the write-in is done does not make the office or position clear. In order for write-in votes to be valid in jurisdictions employing optical-scan mark sense ballot systems the voter must complete the proper mark next to the write-in line for that office.
     No person may file as a write-in candidate where:
     (1) At a general election, the person attempting to file either filed as a write-in candidate for the same office at the preceding primary or the person's name appeared on the ballot for the same office at the preceding primary;
     (2) The person attempting to file as a write-in candidate has already filed a valid write-in declaration for that primary or election, unless one or the other of the two filings is for the office of precinct committeeperson;
     (3) The name of the person attempting to file already appears on the ballot as a candidate for another office, unless one of the two offices for which he or she is a candidate is precinct committeeperson.
     The declaration of candidacy shall be similar to that required by RCW 29A.24.030. No write-in candidate filing under this section may be included in any voter's pamphlet produced under chapter 29A.32 RCW unless that candidate qualifies to have his or her name printed on the general election ballot. The legislative authority of any jurisdiction producing a local voter's pamphlet under chapter 29A.32 RCW may provide, by ordinance, for the inclusion of write-in candidates in such pamphlets.

NEW SECTION.  Sec. 421   A new section is added to chapter 29A.28 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, 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) 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 the place of that candidate. 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. 422   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. 423   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. 424   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;
     (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. 425   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)) preference, if any.

Sec. 426   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)) 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. 427   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 or elected at the same election.

Sec. 428   RCW 29A.52.010 and 2003 c 111 s 1301 are each amended to read as follows:
     Whenever it shall be necessary to hold a special election in an odd-numbered year to fill an unexpired term of any office which is scheduled to be voted upon for a full term in an even-numbered year, no ((September)) primary election shall be held in the odd-numbered year if, after the last day allowed for candidates to withdraw, ((either of the following circumstances exist:
     (1) No more than one candidate of each qualified political party has filed a declaration of candidacy for the same partisan office to be filled; or
     (2))) no more than two candidates have filed a declaration of candidacy for a single ((nonpartisan)) office to be filled.
     In ((either)) 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. 429   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. 430   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. 431   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. Any abbreviation used to designate office, position, or political party shall be accepted if the canvassing board can determine, to their satisfaction, the voter's intent.
     (2) The number of write-in votes cast for each office must be recorded and reported with the canvass for the election.
     (3) Write-in votes cast for an individual candidate for an office need not be tallied if the total number of write-in votes cast for the office is not greater than the number of votes cast for the candidate apparently ((nominated)) 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. 432   RCW 29A.60.220 and 2003 c 111 s 1522 are each amended to read as follows:
     (1) If the requisite number of any federal, state, county, city, or district offices have not ((been nominated)) qualified to appear on the general election ballot in a primary by reason of two or more persons having an equal and requisite number of votes for being placed on the general election ballot, the official empowered by state law to certify candidates for the general election ballot shall give notice to the several persons so having the equal and requisite number of votes to attend at the appropriate office at the time designated by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared ((nominated)) qualified and placed on the general election ballot.
     (2) If the requisite number of any federal, state, county, city, district, or precinct officers have not been elected by reason of two or more persons having an equal and highest number of votes for one and the same office, the official empowered by state law to issue the original certificate of election shall give notice to the several persons so having the highest and equal number of votes to attend at the appropriate office at the time to be appointed by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared duly elected, and the official shall make out and deliver to the person thus duly declared elected a certificate of election.

Sec. 433   RCW 29A.64.010 and 2003 c 111 s 1601 are each amended to read as follows:
     An officer of a political party or any 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.
     An officer of a political party or any person for whom votes were cast at any election may file a written application for a recount of the votes or a portion of the votes cast at that election for all candidates for election to that office.
     Any group of five or more registered voters may file a written application for a recount of the votes or a portion of the votes cast upon any question or issue. They shall designate one of the members of the group as chair and shall indicate the voting residence of each member of the group.
     An application for a recount of the votes cast for an office or on a ballot measure must be filed with the officer with whom filings are made for the jurisdiction.
     An application for a recount must specify whether the recount will be done manually or by the vote tally system. A recount done by the vote tally system must use programming that recounts and reports only the office or ballot measure in question. The county shall also provide for a test of the logic and accuracy of that program.
     An application for a recount must be filed within three business days after the county canvassing board or secretary of state has declared the official results of the primary or election for the office or issue for which the recount is requested.
     This chapter applies to the recounting of votes cast by paper ballots and to the recounting of votes recorded on ballots counted by a vote tally system.

Sec. 434   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. 435   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, election,)) office 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. 436   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. 437   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 which the recount was ordered.

Sec. 438   RCW 29A.84.710 and 2003 c 111 s 2137 are each amended to read as follows:
     Every person who:
     (1) Knowingly and falsely issues a certificate of ((nomination or)) election or a certificate stating which candidates for office have qualified to appear on the general election ballot; or
     (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)) 29A.20.120 through 29A.20.180, is guilty of a class C felony punishable under RCW 9A.20.021.

Sec. 439   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)) 29A.20 RCW;
     (b) The governing body of the state organization of a major political party, as defined in RCW ((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) 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.
     (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 for election or election to public office. An individual seeks nomination 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 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 RCW 42.17.640 means the procedure for ((nominating)) qualifying a candidate to state office under chapter ((29.18 or 29.21)) 29A.52 RCW or any other primary for an election that uses, in large measure, the procedures established in chapter ((29.18 or 29.21)) 29A.52 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 take the plural and any gender, the other, as the context requires.

NEW SECTION.  Sec. 440   (1) Sections 101, 201, and 202 of this act need not be codified, but may appear as a note following RCW 29A.52.110.
     (2) The subheadings in chapter 29A.52 RCW "PARTISAN PRIMARIES" AND "NONPARTISAN PRIMARIES" will be combined under one subheading "PRIMARIES."
     (3) The subheading in chapter 29A.20 RCW "MINOR PARTY AND INDEPENDENT CANDIDATE NOMINATIONS" will be changed to "MINOR AND INDEPENDENT PRESIDENTIAL CANDIDATES."
     (4) The code reviser shall recaption RCW 29A.36.170 as "Candidates qualified for the general election."
     (5) The code reviser shall recaption RCW 29A.52.210 as "Rights of voters in primary elections."

NEW SECTION.  Sec. 441   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.20.130 (Convention -- Notice) and 2003 c 111 s 507;
     (4) 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;
     (5) RCW 29A.24.200 (Lapse of election when no filing for single positions -- Effect) and 2003 c 111 s 620;
     (6) RCW 29A.24.210 (Vacancy in partisan elective office -- Special filing period) and 2003 c 111 s 621;
     (7) 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;
     (8) RCW 29A.28.020 (Death or disqualification -- Correcting ballots--Counting votes already cast) and 2003 c 111 s 702, 2001 c 46 s 4, & 1977 ex.s. c 329 s 13; and
     (9) RCW 29A.36.190 (Partisan candidates qualified for general election) and 2003 c 111 s 919.

NEW SECTION.  Sec. 442   The secretary of state and county auditors may take such steps before this act takes effect as may be necessary to prepare to conduct an election under the terms of this act.

NEW SECTION.  Sec. 443   Part headings used in this act are not any part of the law.

NEW SECTION.  Sec. 444   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.