BILL REQ. #:  S-4423.1 

Read first time 02/05/2004.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to primary elections; amending RCW 29A.20.020, 29A.20.110, 29A.20.120, 29A.20.130, 29A.20.150, 29A.20.160, 29A.20.170, 29A.20.200, 29A.52.110, 29A.36.170, 29A.04.127, 29A.04.310, 29A.24.160, 29A.28.040, 29A.32.030, 29A.36.010, 29A.36.100, 29A.36.200, 29A.52.010, 29A.52.320, 29A.52.350, 29A.60.020, and 29A.60.220; adding a new section to chapter 29A.52 RCW; adding a new section to chapter 29A.04 RCW; adding a new section to chapter 29A.28 RCW; creating a new section; repealing RCW 29A.04.157, 29A.24.200, 29A.24.210, 29A.28.010, 29A.28.020, and 29A.36.190; and providing a contingent effective date.

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

Sec. 1   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.)) The name of a candidate for a partisan office may not appear on the primary ballot unless certified as a nominee at a party convention.
     (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 States congress are specified in the United States Constitution.

Sec. 2   RCW 29A.20.110 and 2003 c 111 s 505 are each amended to read as follows:
     A "convention" for the purposes of this chapter, is an organized assemblage of registered voters representing an independent candidate or candidates or a ((new)) major or minor political party, organization, or principle. As used in this chapter, the term "election jurisdiction" shall mean the state or any political subdivision or jurisdiction of the state from which partisan officials are elected. This term shall include county commissioner districts or council districts for members of a county legislative authority, counties for county officials who are nominated and elected on a county-wide basis, legislative districts for members of the legislature, congressional districts for members of Congress, and the state for president and vice president, members of the United States senate, and state officials who are elected on a statewide basis.

Sec. 3   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 be made either at a convention conducted under subsection (1) of this section, or at a similar convention taking place not earlier than the first Sunday in July and not later than seventy days before the general election. Conventions held during this time period may not nominate candidates for any public office other than president and vice president of the United States, except as provided in subsection (3) of this section.
     (3) If a special filing period for a partisan office is opened under RCW 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 major or minor political party may hold more than one convention ((but in no case shall any such party)). A major political party shall not nominate more than three candidates for any one partisan public office or position. A minor political party shall not 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. 4   RCW 29A.20.130 and 2003 c 111 s 507 are each amended to read as follows:
     Each ((minor)) party or independent candidate must publish a notice in a newspaper of general circulation within the county in which the party or the candidate intends to hold a convention. The notice must appear at least ten days before the convention is to be held, and shall state the date, time, and place of the convention. Additionally, it shall include the mailing address of the person or organization sponsoring the convention.

Sec. 5   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.

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

Sec. 7   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 using the same minor political party name, the filing officer must give effect to both certificates. If conflicting claims to the minor political 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 minor political party name must not be permitted to delay the printing of either ballots or a voters' pamphlet. Other candidates nominated by the same conventions may continue to use the partisan affiliation unless a court of competent jurisdiction directs otherwise.
     (2) A person affected may petition the superior court of the county in which the filing officer is located for a judicial determination of the right to the name of a minor political party, either before or after documents are filed with the filing officer. The court shall resolve the conflict between competing claims to the use of the same party name according to the following principles: (a) The prior established public use of the name during previous elections by a party composed of or led by the same individuals or individuals in documented succession; (b) prior established public use of the name earlier in the same election cycle; (c) the nomination of a more complete slate of candidates for a number of offices or in a number of different regions of the state; (d) documented affiliation with a national or statewide party organization with an established use of the name; (e) the first date of filing of a certificate of nomination; and (f) such other indicia of an established right to use of the name as the court may deem relevant. If more than one filing officer is involved, and one of them is the secretary of state, the petition must be filed in the superior court for Thurston county. Upon resolving the conflict between competing claims, the court may also address any ballot designation for the candidate who does not prevail.

Sec. 8   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 the major party candidates and 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)).

Sec. 9   RCW 29A.52.110 and 2003 c 111 s 1302 are each amended to read as follows:
     Candidates for ((the following offices shall be nominated at)) partisan offices will appear on the ballot at primaries held ((pursuant to the provisions of)) under this chapter((:
     (1) Congressional offices;
     (2) All state offices except (a) judicial offices and (b) the office of superintendent of public instruction;
     (3) All county offices except (a) judicial offices and (b) those offices where a county home rule charter provides otherwise)).

Sec. 10   RCW 29A.36.170 and 2003 c 111 s 917 are each amended to read as follows:
     (1) Except as provided in RCW 29A.36.180 and in subsection (2) of this section, on the ballot at the general election for ((a nonpartisan)) an office for which a primary was held, only the names of the candidate who received the greatest number of votes and the candidate who received the next greatest number of votes for that office shall appear under the title of that office, and the names shall appear in that order. If a primary was conducted, no candidate's name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast for that office at the preceding primary. On the ballot at the general election for ((any other nonpartisan)) an office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW 29A.36.130.
     (2) On the ballot at the general election for the office of justice of the supreme court, judge of the court of appeals, judge of the superior court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that office or position, only the name of that candidate may be printed under the title of the office for that position.

NEW SECTION.  Sec. 11   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 by 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.

NEW SECTION.  Sec. 12   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), 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 provides otherwise.

Sec. 13   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. 14   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. 15   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.

NEW SECTION.  Sec. 16   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; and
     (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. 17   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. 18   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 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. 19   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 and valid convention certificates and nominating petitions in his or her office for the primary. For each office, the certificate shall include the name of each candidate, his or her address, and his or her party designation, if any.

Sec. 20   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)) and valid convention certificates and nominating petitions 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. 21   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. 22   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. 23   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. 24   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. 25   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. 26   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.

NEW SECTION.  Sec. 27   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.24.200 (Lapse of election when no filing for single positions -- Effect) and 2003 c 111 s 620;
     (3) RCW 29A.24.210 (Vacancy in partisan elective office -- Special filing period) and 2003 c 111 s 621;
     (4) 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;
     (5) 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
     (6) RCW 29A.36.190 (Partisan candidates qualified for general election) and 2003 c 111 s 919.

NEW SECTION.  Sec. 28   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. 29   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.

NEW SECTION.  Sec. 30   This act takes effect 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.