6453.EAMHARMSH5336.2ESB 6453H AMD1184By Representative ArmstrongADOPTED 03/08/2004 On page 1, after line 17, insert the following: "PART 1 QUALIFYING PRIMARY" On page 3, beginning on line 31, after RCW 29A.24.030(3) strikeor section 16 of this actESB 6453H AMD1184By Representative ArmstrongADOPTED 03/08/2004 On page 10, beginning on line 15, after general election. strikeall material through applies on line 18 Beginning on page 10, line 36, strike all of section 16 Renumber the remaining sections consecutively, correct any internalreferences accordingly, and correct the title.ESB 6453H AMD1184By Representative ArmstrongADOPTED 03/08/2004 On page 24, line 26, after RCW 29A.24.030(3) strike or section16 of this act 1 ESB 6453H AMD1184By Representative ArmstrongADOPTED 03/08/2004 On page 42, after line 27, insert the following:PART 2 NOMINATING PRIMARYNEW SECTION.Sec. A new section is added to chapter 29A.52RCW to read as follows: If a court of competent jurisdiction holds that a candidate may notidentify a major or minor political party as best approximating his orher political philosophy, as provided in RCW 29A.24.030(3), and allappeals of that court order have been exhausted or waived, thesecretary of state shall notify the governor, the majority and minorityleaders of the two largest caucuses in the senate and the house ofrepresentatives, the code reviser, and all county auditors that thestate can no longer conduct a qualifying primary and instead willconduct a nominating primary. Upon issuance of such a notification bythe secretary of state, no qualifying primary may be held inWashington.NEW SECTION.Sec. A new section is added to chapter 29A.04RCW to read as follows: As used in this title: (1) "Ballot" means, as the context implies, either: (a) The issues and offices to be voted upon in a jurisdiction orportion of a jurisdiction at a particular primary, general election, orspecial election; (b) A facsimile of the contents of a particular ballot whetherprinted on a paper ballot or ballot card or as part of a voting machineor voting device; (c) A physical or electronic record of the choices of an individualvoter in a particular primary, general election, or special election;or (d) The physical document on which the voter's choices are to berecorded; 2 (2) "Paper ballot" means a piece of paper on which the ballot fora particular election or primary has been printed, on which a voter mayrecord his or her choices for any candidate or for or against anymeasure, and that is to be tabulated manually; (3) "Ballot card" means any type of card or piece of paper of anysize on which a voter may record his or her choices for any candidateand for or against any measure and that is to be tabulated on a votetallying system; (4) "Sample ballot" means a printed facsimile of all the issues andoffices on the ballot in a jurisdiction and is intended to give votersnotice of the issues, offices, and candidates that are to be voted onat a particular primary, general election, or special election; (5) "Provisional ballot" means a ballot issued to a voter at thepolling place on election day by the precinct election board, for oneof the following reasons: (a) The voter's name does not appear in the poll book; (b) There is an indication in the poll book that the voter hasrequested an absentee ballot, but the voter wishes to vote at thepolling place; (c) There is a question on the part of the voter concerning theissues or candidates on which the voter is qualified to vote; (6) "Party ballot" means a primary election ballot specific to aparticular major political party that lists all partisan offices to bevoted on at that primary, and the candidates for those offices whoaffiliate with that same major political party; (7) "Nonpartisan ballot" means a primary election ballot that listsall nonpartisan races and ballot measures to be voted on at thatprimary.NEW SECTION.Sec. A new section is added to chapter 29A.04RCW to read as follows: "Major political party" means a political party of which at leastone nominee for president, vice president, United States senator, or astatewide office received at least five percent of the total vote castat the last preceding state general election in an evennumbered year.A political party qualifying as a major political party under thissection retains such status until the next evenyear election at whicha candidate of that party does not achieve at least five percent of thevote for one of the previously specified offices. If none of these 3 offices appear on the ballot in an evenyear general election, themajor party retains its status as a major party through that election.However, a political party of which no nominee received at least tenpercent of the total vote cast may forgo its status as a majorpolitical party by filing with the secretary of state an appropriateparty rule within sixty days of attaining major party status under thissection, or within fifteen days of the effective date of this act,whichever is later.NEW SECTION.Sec. A new section is added to chapter 29A.04RCW to read as follows: The county auditor of each county shall be ex officio thesupervisor of all primaries and elections, general or special, and itshall be the county auditor's duty to provide places for holding suchprimaries and elections; to appoint the precinct election officers andto provide for their compensation; to provide the supplies andmaterials necessary for the conduct of elections to the precinctelection officers; and to publish and post notices of calling suchprimaries and elections in the manner provided by law. The notice ofa primary held in an evennumbered year must indicate that the officeof precinct committee officer will be on the ballot. The auditor shallalso apportion to each city, town, or district, and to the state ofWashington in the oddnumbered year, its share of the expense of suchprimaries and elections. This section does not apply to general orspecial elections for any city, town, or district that is not subjectto section 106 of this act and RCW 29A.04.330, but all such electionsmust be held and conducted at the time, in the manner, and by theofficials (with such notice, requirements for filing for office, andcertifications by local officers) as provided and required by the lawsgoverning such elections.NEW SECTION.Sec. A new section is added to chapter 29A.04RCW to read as follows: Nominating primaries for general elections to be held in November,and the election of precinct committee officers, must be held on thethird Tuesday of the preceding September or on the seventh Tuesdayimmediately preceding such general election, whichever occurs first. 4 NEW SECTION.Sec. A new section is added to chapter 29A.04RCW to read as follows: (1) All state, county, city, town, and district general electionsfor the election of federal, state, legislative, judicial, county,city, town, and district officers, and for the submission to the votersof the state, county, city, town, or district of any measure for theiradoption and approval or rejection, shall be held on the first Tuesdayafter the first Monday of November, in the year in which they may becalled. A statewide general election shall be held on the firstTuesday after the first Monday of November of each year. However, thestatewide general election held in oddnumbered years shall be limitedto (a) city, town, and district general elections as provided for inRCW 29A.04.330, or as otherwise provided by law; (b) the election offederal officers for the remainder of any unexpired terms in themembership of either branch of the Congress of the United States; (c)the election of state and county officers for the remainder of anyunexpired terms of offices created by or whose duties are described inArticle II, section 15, Article III, sections 16, 17, 19, 20, 21, 22,and 23, and Article IV, sections 3 and 5 of the state Constitution andRCW 2.06.080; (d) the election of county officers in any countygoverned by a charter containing provisions calling for general countyelections at this time; and (e) the approval or rejection of statemeasures, including proposed constitutional amendments, matterspertaining to any proposed constitutional convention, initiativemeasures and referendum measures proposed by the electorate, referendumbills, and any other matter provided by the legislature for submissionto the electorate. (2) A county legislative authority may, if it deems an emergency toexist, call a special county election by presenting a resolution to thecounty auditor at least fortyfive days prior to the proposed electiondate. Except as provided in subsection (4) of this section, a specialelection called by the county legislative authority shall be held onone of the following dates as decided by such governing body: (a) The first Tuesday after the first Monday in February; (b) The second Tuesday in March; (c) The fourth Tuesday in April; (d) The third Tuesday in May; (e) The day of the primary as specified by section 105 of this act;or 5 (f) The first Tuesday after the first Monday in November. (3) In addition to the dates set forth in subsection (2)(a) through(f) of this section, a special election to validate an excess levy orbond issue may be called at any time to meet the needs resulting fromfire, flood, earthquake, or other act of God. Such county specialelection shall be noticed and conducted in the manner provided by law. (4) In a presidential election year, if a presidential preferenceprimary is conducted in February, March, April, or May under chapter29A.56 RCW, the date on which a special election may be called by thecounty legislative authority under subsection (2) of this sectionduring the month of that primary is the date of the presidentialprimary. (5) This section shall supersede the provisions of any and allother statutes, whether general or special in nature, having differentdates for such city, town, and district elections, the purpose of thissection being to establish mandatory dates for holding elections exceptfor those elections held pursuant to a homerule charter adopted underArticle XI, section 4 of the state Constitution. This section shallnot be construed as fixing the time for holding primary elections, orelections for the recall of any elective public officer.NEW SECTION.Sec. A new section is added to chapter 29A.08RCW to read as follows: No record may be created or maintained by a state or localgovernmental agency or a political organization that identifies a voterwith the information marked on the voter's ballot, including the choicethat a voter makes on a partisan primary ballot regarding politicalparty affiliation.NEW SECTION.Sec. A new section is added to chapter 29A.08RCW to read as follows: Under no circumstances may an individual be required to affiliatewith, join, adhere to, express faith in, or declare a preference for,a political party or organization upon registering to vote.NEW SECTION.Sec. A new section is added to chapter 29A.12RCW to read as follows: The secretary of state shall not approve a vote tallying systemunless it: 6 (1) Correctly counts votes on ballots on which the proper number ofvotes have been marked for any office or issue; (2) Ignores votes marked for any office or issue where more thanthe allowable number of votes have been marked, but correctly countsthe properly voted portions of the ballot; (3) Accumulates a count of the specific number of ballots talliedfor each precinct, total votes by candidate for each office, and totalvotes for and against each issue of the ballot in that precinct; (4) Produces precinct and cumulative totals in printed form; and (5) Except for functions or capabilities unique to this state, hasbeen tested, certified, and used in at least one other state orelection jurisdiction.NEW SECTION.Sec. A new section is added to chapter 29A.20RCW to read as follows: (1) Any nomination of a candidate for partisan public office byother than a major political party may be made only: (a) In aconvention held not earlier than the last Saturday in June and notlater than the first Saturday in July or during any of the seven daysimmediately preceding the first day for filing declarations ofcandidacy as fixed in accordance with section 118 of this act; (b) asprovided by section 147 of this act; or (c) as otherwise provided inthis section. Minor political party and independent candidates mayappear only on the general election ballot. (2) Nominations of candidates for president and vice president ofthe United States other than by a major political party may be madeeither at a convention conducted under subsection (1) of this section,or at a similar convention taking place not earlier than the firstSunday in July and not later than seventy days before the generalelection. Conventions held during this time period may not nominatecandidates for any public office other than president and vicepresident of the United States, except as provided in subsection (3) ofthis section. (3) If a special filing period for a partisan office is openedunder section 116 of this act, candidates of minor political partiesand independent candidates may file for office during that specialfiling period. The names of those candidates may not appear on thegeneral election ballot unless they are nominated by convention held nolater than five days after the close of the special filing period and 7 a certificate of nomination is filed with the filing officer no laterthan three days after the convention. The requirements of section 189of this act do not apply to such a convention. (4) A minor political party may hold more than one convention butin no case shall any such party nominate more than one candidate forany one partisan public office or position. For the purpose ofnominating candidates for the offices of president and vice president,United States senator, United States representative, or a statewideoffice, a minor party or independent candidate holding multipleconventions may add together the number of signatures of differentindividuals from each convention obtained in support of the candidateor candidates in order to obtain the number required by section 111 ofthis act. For all other offices for which nominations are made,signatures of the requisite number of registered voters must beobtained at a single convention.NEW SECTION.Sec. A new section is added to chapter 29A.20RCW to read as follows: (1) To be valid, a convention must be attended by at least onehundred registered voters. (2) In order to nominate candidates for the offices of presidentand vice president of the United States, United States senator, UnitedStates representative, or any statewide office, a nominating conventionshall obtain and submit to the filing officer the signatures of atleast one thousand registered voters of the state of Washington. Inorder to nominate candidates for any other office, a nominatingconvention shall obtain and submit to the filing officer the signaturesof one hundred persons who are registered to vote in the jurisdictionof the office for which the nominations are made.NEW SECTION.Sec. A new section is added to chapter 29A.20RCW to read as follows: A nominating petition submitted under this chapter shall clearlyidentify the name of the minor party or independent candidateconvention as it appears on the certificate of nomination as requiredby section 154(3) of this act. The petition shall also contain astatement that the person signing the petition is a registered voter ofthe state of Washington and shall have a space for the voter to sign 8 his or her name and to print his or her name and address. No personmay sign more than one nominating petition under this chapter for anoffice for an election.NEW SECTION.Sec. A new section is added to chapter 29A.20RCW to read as follows: Not later than the Friday immediately preceding the first day forcandidates to file, the secretary of state shall notify the countyauditors of the names and designations of all minor party andindependent candidates who have filed valid convention certificates andnominating petitions with that office. Except for the offices ofpresident and vice president, persons nominated under this chaptershall file declarations of candidacy as provided by section 158 of thisact and RCW 29A.24.070. The name of a candidate nominated at aconvention shall not be printed upon the general election ballot unlesshe or she pays the fee required by law to be paid by candidates for thesame office to be nominated at a primary.NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: (1) The nominating petition authorized by section 160 of this actmust be printed on sheets of uniform color and size, must include aplace for each individual to sign and print his or her name and theaddress, city, and county at which he or she is registered to vote, andmust contain no more than twenty numbered lines. (2) For candidates for nonpartisan office and candidates of a majorpolitical party for partisan office, the nominating petition must be insubstantially the following form:The warning prescribed by RCW 29A.72.140; followed by: We, the undersigned registered voters of (the state ofWashington or the political subdivision for which the nomination ismade), hereby petition that the name of (candidate's name) beprinted on the official primary ballot for the office of (insertname of office). (3) For independent candidates and candidates of a minor politicalparty for partisan office, the nominating petition must be insubstantially the following form: The warning prescribed by RCW 29A.72.140; followed by: 9 We, the undersigned registered voters of (the state ofWashington or the political subdivision for which the nomination ismade), hereby petition that the name of (candidate's name) beprinted on the official general election ballot for the office of(insert name of office).NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: A candidate may withdraw his or her declaration of candidacy at anytime before the close of business on the Thursday following the lastday for candidates to file under RCW 29A.24.050 by filing, with theofficer with whom the declaration of candidacy was filed, a signedrequest that his or her name not be printed on the ballot. There shallbe no withdrawal period for declarations of candidacy filed duringspecial filing periods held under this title. The filing officer maypermit the withdrawal of a filing for the office of precinct committeeofficer at the request of the candidate at any time if no absenteeballots have been issued for that office and the ballots for thatprecinct have not been printed. The filing officer may permit thewithdrawal of a filing for any elected office of a city, town, orspecial district at the request of the candidate at any time before aprimary if the primary ballots for that city, town, or special districthave not been ordered. No filing fee may be refunded to any candidatewho withdraws under this section. Notice of the deadline forwithdrawal of candidacy and that the filing fee is not refundable shallbe given to each candidate at the time he or she files.NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: Filings for a partisan elective office shall be opened for a periodof three normal business days whenever, on or after the first day ofthe regular filing period and before the sixth Tuesday prior to aprimary, a vacancy occurs in that office, leaving an unexpired term tobe filled by an election for which filings have not been held. Any such special threeday filing period shall be fixed by theelection officer with whom declarations of candidacy for that officeare filed. The election officer shall give notice of the specialthreeday filing period by notifying the press, radio, and television 10 in the county or counties involved, and by such other means as may berequired by law. Candidacies validly filed within the special threeday filingperiod shall appear on the ballot as if filed during the regular filingperiod.NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: Any person who desires to be a writein candidate and have suchvotes counted at a primary or election may file a declaration ofcandidacy with the officer designated in RCW 29A.24.070 not later thanthe day before the primary or election. Declarations of candidacy forwritein candidates must be accompanied by a filing fee in the samemanner as required of other candidates filing for the office asprovided in section 160 of this act. Votes cast for writein candidates who have filed such declarationsof candidacy and writein votes for persons appointed by majorpolitical parties pursuant to section 192 of this act need only specifythe name of the candidate in the appropriate location on the ballot inorder to be counted. Writein votes cast for any other candidate, inorder to be counted, must designate the office sought and positionnumber or political party, if the manner in which the writein is donedoes not make the office or position clear. No person may file as a writein candidate where: (1) At a general election, the person attempting to file eitherfiled as a writein candidate for the same office at the precedingprimary or the person's name appeared on the ballot for the same officeat the preceding primary; (2) The person attempting to file as a writein candidate hasalready filed a valid writein declaration for that primary orelection, unless one or the other of the two filings is for the officeof precinct committeeperson; (3) The name of the person attempting to file already appears onthe ballot as a candidate for another office, unless one of the twooffices for which he or she is a candidate is precinct committeeperson. The declaration of candidacy shall be similar to that required bysection 158 of this act. No writein candidate filing under thissection may be included in any voter's pamphlet produced under chapter29A.32 RCW unless that candidate qualifies to have his or her name 11 printed on the general election ballot. The legislative authority ofany jurisdiction producing a local voter's pamphlet under chapter29A.32 RCW may provide, by ordinance, for the inclusion of writeincandidates in such pamphlets.NEW SECTION.Sec. A new section is added to chapter 29A.28RCW to read as follows: (1) Whenever a vacancy occurs in the United States house ofrepresentatives or the United States senate from this state, thegovernor shall order a special election to fill the vacancy. Minorpolitical party candidates and independent candidates may be nominatedthrough the convention procedures provided in chapter 29A.20 RCW. (2) Within ten days of such vacancy occurring, he or she shallissue a writ of election fixing a date for the special vacancy electionnot less than ninety days after the issuance of the writ, fixing a datefor the primary for nominating major political party candidates for thespecial vacancy election not less than thirty days before the day fixedfor holding the special vacancy election, fixing the dates for thespecial filing period, and designating the term or part of the term forwhich the vacancy exists. If the vacancy is in the office of UnitedStates representative, the writ of election shall specify thecongressional district that is vacant. (3) If the vacancy occurs less than six months before a stategeneral election and before the second Friday following the close ofthe filing period for that general election, the special primary,special vacancy election, and minor party and independent candidatenominating conventions must be held in concert with the state primaryand state general election in that year. (4) If the vacancy occurs on or after the first day for filingunder RCW 29A.24.050 and on or before the second Friday following theclose of the filing period, a special filing period of three normalbusiness days shall be fixed by the governor and notice thereof givento all media, including press, radio, and television within the area inwhich the vacancy election is to be held, to the end that, insofar aspossible, all interested persons will be aware of such filing period.The last day of the filing period shall not be later than the thirdTuesday before the primary at which major political party candidatesare to be nominated. The names of major political party candidates whohave filed valid declarations of candidacy during this threeday period 12 shall appear on the approaching primary ballot. The requirements ofsection 189 of this act do not apply to a minor political party orindependent candidate convention held under this subsection. (5) If the vacancy occurs later than the second Friday followingthe close of the filing period, a special primary, special vacancyelection, and the minor party and independent candidate conventions tofill the position shall be held after the next state general electionbut, in any event, no later than the ninetieth day following theNovember election.NEW SECTION.Sec. A new section is added to chapter 29A.28RCW to read as follows: The general election laws and laws relating to partisan primariesshall apply to the special primaries and vacancy elections provided forin chapter 29A.28 RCW to the extent that they are not inconsistent withthe provisions of these sections. Minor political party andindependent candidates may appear only on the general election ballot.Statutory time deadlines relating to availability of absentee ballots,certification, canvassing, and related procedures that cannot be met ina timely fashion may be modified for the purposes of a specific primaryor vacancy election under this chapter by the secretary of statethrough emergency rules adopted under section 151 of this act.NEW SECTION.Sec. A new section is added to chapter 29A.28RCW to read as follows: If a vacancy occurs in the office of precinct committee officer byreason of death, resignation, or disqualification of the incumbent, orbecause of failure to elect, the respective county chair of the countycentral committee shall fill the vacancy by appointment. However, ina legislative district having a majority of its precincts in a countywith a population of one million or more, the appointment may be madeonly upon the recommendation of the legislative district chair. Theperson so appointed must have the same qualifications as candidateswhen filing for election to the office for that precinct. When avacancy in the office of precinct committee officer exists because offailure to elect at a state primary, the vacancy may not be filleduntil after the organization meeting of the county central committeeand the new county chair has been selected as provided by RCW29A.80.030. 13 NEW SECTION.Sec. A new section is added to chapter 29A.32RCW to read as follows: The voters' pamphlet must contain: (1) Information about each ballot measure initiated by or referredto the voters for their approval or rejection as required by RCW29A.32.070; (2) In evennumbered years, statements, if submitted, advocatingthe candidacies of nominees for the office of president and vicepresident of the United States, United States senator, United Statesrepresentative, governor, lieutenant governor, secretary of state,state treasurer, state auditor, attorney general, commissioner ofpublic lands, superintendent of public instruction, insurancecommissioner, state senator, state representative, justice of thesupreme court, judge of the court of appeals, or judge of the superiorcourt. Candidates may also submit a campaign mailing address andtelephone number and a photograph not more than five years old and ofa size and quality that the secretary of state determines to besuitable for reproduction in the voters' pamphlet; (3) In oddnumbered years, if any office voted upon statewideappears on the ballot due to a vacancy, then statements and photographsfor candidates for any vacant office listed in subsection (2) of thissection must appear; (4) In evennumbered years, a section explaining how voters mayparticipate in the election campaign process; the address and telephonenumber of the public disclosure commission established under RCW42.17.350; and a summary of the disclosure requirements that apply whencontributions are made to candidates and political committees; (5) In evennumbered years the name, address, and telephone numberof each political party with nominees listed in the pamphlet, if filedwith the secretary of state by the state committee of a major politicalparty or the presiding officer of the convention of a minor politicalparty; (6) In each oddnumbered year immediately before a year in which apresident of the United States is to be nominated and elected,information explaining the precinct caucus and convention process usedby each major political party to elect delegates to its nationalpresidential candidate nominating convention. The pamphlet must alsoprovide a description of the statutory procedures by which minor 14 political parties are formed and the statutory methods used by theparties to nominate candidates for president; (7) An application form for an absentee ballot; (8) A brief statement explaining the deletion and addition oflanguage for proposed measures under RCW 29A.32.080; (9) Any additional information pertaining to elections as may berequired by law or in the judgment of the secretary of state is deemedinformative to the voters.NEW SECTION.Sec. A new section is added to chapter 29A.32RCW to read as follows: If the secretary of state prints and distributes a voters' pamphletfor a primary in an evennumbered year, it must contain: (1) A description of the office of precinct committee officer andits duties; (2) An explanation that, for partisan offices, only voters whochoose to affiliate with a major political party may vote in thatparty's primary election, and that voters must limit theirparticipation in a partisan primary to one political party; and (3) An explanation that minor political party candidates andindependent candidates will appear only on the general election ballot.NEW SECTION.Sec. A new section is added to chapter 29A.32RCW to read as follows: The local voters' pamphlet shall include but not be limited to thefollowing: (1) Appearing on the cover, the words "official local voters'pamphlet," the name of the jurisdiction producing the pamphlet, and thedate of the election or primary; (2) A list of jurisdictions that have measures or candidates in thepamphlet; (3) Information on how a person may register to vote and obtain anabsentee ballot; (4) The text of each measure accompanied by an explanatorystatement prepared by the prosecuting attorney for any county measureor by the attorney for the jurisdiction submitting the measure if otherthan a county measure. All explanatory statements for city, town, ordistrict measures not approved by the attorney for the jurisdiction 15 submitting the measure shall be reviewed and approved by the countyprosecuting attorney or city attorney, when applicable, beforeinclusion in the pamphlet; (5) The arguments for and against each measure submitted bycommittees selected pursuant to RCW 29A.32.280; and (6) For partisan primary elections, information on how to vote theapplicable ballot format and an explanation that minor political partycandidates and independent candidates will appear only on the generalelection ballot.NEW SECTION.Sec. A new section is added to chapter 29A.36RCW to read as follows: On or before the day following the last day for major politicalparties to fill vacancies in the ticket as provided by section 191 ofthis act, the secretary of state shall certify to each county auditora list of the candidates who have filed declarations of candidacy inhis or her office for the primary. For each office, the certificateshall include the name of each candidate, his or her address, and hisor her party designation, if any. Minor political party andindependent candidates may appear only on the general election ballot.NEW SECTION.Sec. A new section is added to chapter 29A.36RCW to read as follows: Except for the candidates for the positions of president and vicepresident, for a partisan or nonpartisan office for which no primary isrequired, or for independent or minor party candidates, the names ofall candidates who, under this title, filed a declaration of candidacyor were certified as a candidate to fill a vacancy on a major partyticket will appear on the appropriate ballot at the primary throughoutthe jurisdiction in which they are to be nominated.NEW SECTION.Sec. A new section is added to chapter 29A.36RCW to read as follows: Partisan primaries must be conducted using either: (1) A consolidated ballot format that includes a major politicalparty identification checkoff box that allows a voter to select froma list of the major political parties the major political party withwhich the voter chooses to affiliate. The consolidated ballot must 16 include all partisan races, nonpartisan races, and ballot measures tobe voted on at that primary; or (2) A physically separate ballot format that includes both partyballots and a nonpartisan ballot. A party ballot must be specific toa particular major political party and may include only the partisanoffices to be voted on at that primary and the names of candidates forthose partisan offices who designated that same major political partyin their declarations of candidacy. The nonpartisan ballot mustinclude all nonpartisan races and ballot measures to be voted on atthat primary.NEW SECTION.Sec. A new section is added to chapter 29A.36RCW to read as follows: (1) If the consolidated ballot format is used, the major politicalparty identification checkoff box must appear on the primary ballotbefore all offices and ballot measures. Clear and concise instructionsto the voter must be prominently displayed immediately before the listof major political parties, and must include: (a) A question asking the voter to indicate the major politicalparty with which the voter chooses to affiliate; (b) A statement that, for a major political party candidate, onlyvotes cast by voters who choose to affiliate with that same majorpolitical party will be tabulated and reported; (c) A statement that votes cast for a major political partycandidate by a voter who chooses to affiliate with a different majorpolitical party will not be tabulated or reported; (d) A statement that votes cast for a major political partycandidate by a voter who fails to select a major political partyaffiliation will not be tabulated or reported; (e) A statement that votes cast for a major political partycandidate by a voter who selects more than one major political partywith which to affiliate will not be tabulated or reported; and (f) A statement that the party identification option will notaffect votes cast for candidates for nonpartisan offices, or for oragainst ballot measures. (2) If the physically separate ballot format is used, clear andconcise instructions to the voter must be prominently displayed, andmust include: 17 (a) A statement explaining that only one party ballot and onenonpartisan ballot may be voted; (b) A statement explaining that if more than one party ballot isvoted, none of the party ballots will be tabulated or reported; (c) A statement explaining that a voter's affiliation with a majorpolitical party will be inferred from the act of voting the partyballot for that major political party; and (d) A statement explaining that every eligible registered voter mayvote a nonpartisan ballot, regardless of any party affiliation on thepart of the voter.NEW SECTION.Sec. A new section is added to chapter 29A.36RCW to read as follows: Every ballot for a single combination of issues, offices, andcandidates shall be uniform within a precinct and shall identify thetype of primary or election, the county, and the date of the primary orelection, and the ballot or voting device shall contain instructions onthe proper method of recording a vote, including writein votes. Eachposition, together with the names of the candidates for that office,shall be clearly separated from other offices or positions in the samejurisdiction. The offices in each jurisdiction shall be clearlyseparated from each other. No paper ballot or ballot card may bemarked in any way that would permit the identification of the personwho voted that ballot.NEW SECTION.Sec. A new section is added to chapter 29A.36RCW to read as follows: (1)(a) The positions or offices on a primary consolidated ballotshall be arranged in substantially the following order: United Statessenator; 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; countyofficers; justices of the supreme court; judges of the court ofappeals; judges of the superior court; and judges of the districtcourt. For all other jurisdictions on the primary consolidated ballot,the offices in each jurisdiction shall be grouped together and be inthe order of the position numbers assigned to those offices, if any. 18 (b)(i) The positions or offices on a primary party ballot must bearranged in substantially the following order: United States senator;United States representative; governor; lieutenant governor; secretaryof state; state treasurer; state auditor; attorney general;commissioner of public lands; insurance commissioner; state senator;state representative; and partisan county officers. For all otherjurisdictions on the primary party ballot, the offices in eachjurisdiction must be grouped together and be in the order of theposition numbers assigned to those offices, if any. (ii) The positions or offices on a primary nonpartisan ballot mustbe arranged in substantially the following order: Superintendent ofpublic instruction; justices of the supreme court; judges of the courtof appeals; judges of the superior court; and judges of the districtcourt. For all other jurisdictions on the primary nonpartisan ballot,the offices in each jurisdiction must be grouped together and be in theorder of the position numbers assigned to those offices, if any. (2) The order of the positions or offices on an election ballotshall be substantially the same as on a primary consolidated ballotexcept that state ballot issues must be placed before all offices. Theoffices of president and vice president of the United States shallprecede all other offices on a presidential election ballot. Thepositions on a ballot to be assigned to ballot measures regarding localunits of government shall be established by the secretary of state byrule. (3) The political party or independent candidacy of each candidatefor partisan office shall be indicated next to the name of thecandidate on the primary and election ballot. A candidate shall filea written notice with the filing officer within three business daysafter the close of the filing period designating the political party tobe indicated next to the candidate's name on the ballot if either: (a)The candidate has been nominated by two or more minor political partiesor independent conventions; or (b) the candidate has both filed adeclaration of candidacy declaring an affiliation with a majorpolitical party and been nominated by a minor political party orindependent convention. If no written notice is filed the filingofficer shall give effect to the party designation shown upon the firstdocument filed. A candidate may be deemed nominated by a minor partyor independent convention only if all documentation required by chapter29A.20 RCW has been timely filed. 19 NEW SECTION.Sec. A new section is added to chapter 29A.36RCW to read as follows: After the close of business on the last day for candidates to filefor office, the filing officer shall, from among those filings made inperson and by mail, determine by lot the order in which the names ofthose candidates will appear on all primary, sample, and absenteeballots. The determination shall be done publicly and may be witnessedby the media and by any candidate. If no primary is required for anynonpartisan office under section 172 of this act or RCW 29A.52.220, orif any independent or minor party candidate files a declaration ofcandidacy, the names shall appear on the general election ballot in theorder determined by lot.NEW SECTION.Sec. A new section is added to chapter 29A.36RCW to read as follows: Except in each county with a population of one million or more, onor before the fifteenth day before a primary or election, the countyauditor shall prepare a sample ballot which shall be made readilyavailable to members of the public. The secretary of state shall adoptrules governing the preparation of sample ballots in counties with apopulation of one million or more. The rules shall permit, among otheralternatives, the preparation of more than one sample ballot by acounty with a population of one million or more for a primary orelection, each of which lists a portion of the offices and issues to bevoted on in that county. The position of precinct committee officershall be shown on the sample ballot for the primary, but the names ofcandidates for the individual positions need not be shown.NEW SECTION.Sec. A new section is added to chapter 29A.36RCW to read as follows: (1) On the top of each ballot must be printed clear and conciseinstructions directing the voter how to mark the ballot, includingwritein votes. On the top of each primary ballot must be printed theinstructions required by this chapter. (2) The questions of adopting constitutional amendments or anyother state measure authorized by law to be submitted to the voters atthat election must appear after the instructions and before anyoffices. 20 (3) In a year that president and vice president appear on thegeneral election ballot, the names of candidates for president and vicepresident for each political party must be grouped together with asingle response position for a voter to indicate his or her choice. (4) On a general election ballot, the candidate or candidates ofthe major political party that received the highest number of votesfrom the electors of this state for the office of president of theUnited States at the last presidential election must appear firstfollowing the appropriate office heading. The candidate or candidatesof the other major political parties will follow according to the votescast for their nominees for president at the last presidentialelection, and independent candidates and the candidate or candidates ofall other parties will follow in the order of their qualification withthe secretary of state. (5) All paper ballots and ballot cards used at a polling place mustbe sequentially numbered in such a way to permit removal of suchnumbers without leaving any identifying marks on the ballot.NEW SECTION.Sec. A new section is added to chapter 29A.36RCW to read as follows: The name of a candidate for a partisan office for which a primarywas conducted shall not be printed on the ballot for that office at thesubsequent general election unless, at the preceding primary, thecandidate receives a number of votes equal to at least one percent ofthe total number of votes cast for all candidates for that office anda plurality of the votes cast by voters affiliated with that party forcandidates for that office affiliated with that party.NEW SECTION.Sec. A new section is added to chapter 29A.40RCW to read as follows: (1) The county auditor shall issue an absentee ballot for theprimary or election for which it was requested, or for the nextoccurring primary or election when ongoing absentee status has beenrequested if the information contained in a request for an absenteeballot or ongoing absentee status received by the county auditor iscomplete and correct and the applicant is qualified to vote underfederal or state law. Otherwise, the county auditor shall notify theapplicant of the reason or reasons why the request cannot be accepted.Whenever two or more candidates have filed for the position of precinct 21 committee officer for the same party in the same precinct, the contestfor that position must be presented to absentee voters from thatprecinct by either including the contest on the regular absentee ballotor a separate absentee ballot. The ballot must provide spacedesignated for writing in the name of additional candidates. (2) A registered voter may obtain a replacement ballot if theballot is destroyed, spoiled, lost, or not received by the voter. Thevoter may obtain the ballot by telephone request, by mail,electronically, or in person. The county auditor shall keep a recordof each replacement ballot provided under this subsection. (3) A copy of the state voters' pamphlet must be sent to registeredvoters temporarily outside the state, outofstate voters, overseasvoters, and service voters along with the absentee ballot if such apamphlet has been prepared for the primary or election and is availableto the county auditor at the time of mailing. The county auditor shallmail all absentee ballots and related material to voters outside theterritorial limits of the United States and the District of Columbiaunder 39 U.S.C. 3406.NEW SECTION.Sec. A new section is added to chapter 29A.40RCW to read as follows: The county auditor shall send each absentee voter a ballot, asecurity envelope in which to seal the ballot after voting, a largerenvelope in which to return the security envelope, and instructions onhow to mark the ballot and how to return it to the county auditor. Theinstructions that accompany an absentee ballot for a partisan primarymust include instructions for voting the applicable ballot style, asprovided in chapter 29A.36 RCW. The larger return envelope mustcontain a declaration by the absentee voter reciting his or herqualifications and stating that he or she has not voted in any otherjurisdiction at this election, together with a summary of the penaltiesfor any violation of any of the provisions of this chapter. The returnenvelope must provide space for the voter to indicate the date on whichthe ballot was voted and for the voter to sign the oath. A summary ofthe applicable penalty provisions of this chapter must be printed onthe return envelope immediately adjacent to the space for the voter'ssignature. The signature of the voter on the return envelope mustaffirm and attest to the statements regarding the qualifications ofthat voter and to the validity of the ballot. For outofstate voters, 22 overseas voters, and service voters, the signed declaration on thereturn envelope constitutes the equivalent of a voter registration forthe election or primary for which the ballot has been issued. Thevoter must be instructed to either return the ballot to the countyauditor by whom it was issued or attach sufficient first class postage,if applicable, and mail the ballot to the appropriate county auditor nolater than the day of the election or primary for which the ballot wasissued. If the county auditor chooses to forward absentee ballots, he orshe must include with the ballot a clear explanation of thequalifications necessary to vote in that election and must also advisea voter with questions about his or her eligibility to contact thecounty auditor. This explanation may be provided on the ballotenvelope, on an enclosed insert, or printed directly on the ballotitself. If the information is not included, the envelope must clearlyindicate that the ballot is not to be forwarded and that return postageis guaranteed.NEW SECTION.Sec. A new section is added to chapter 29A.44RCW to read as follows: A voter desiring to vote shall give his or her name to the precinctelection officer who has the precinct list of registered voters. Thisofficer shall announce the name to the precinct election officer whohas the copy of the inspector's poll book for that precinct. If theright of this voter to participate in the primary or election is notchallenged, the voter must be issued a ballot or permitted to enter avoting booth or to operate a voting device. For a partisan primary ina jurisdiction using the physically separate ballot format, the votermust be issued a nonpartisan ballot and each party ballot. The numberof the ballot or the voter must be recorded by the precinct electionofficers. If the right of the voter to participate is challenged, RCW29A.08.810 and 29A.08.820 apply to that voter.NEW SECTION.Sec. A new section is added to chapter 29A.44RCW to read as follows: On signing the precinct list of registered voters or being issueda ballot, the voter shall, without leaving the polling place ordisability access location, proceed to one of the voting booths orvoting devices to cast his or her vote. When county election 23 procedures so provide, the election officers may tear off and retainthe numbered stub from the ballot before delivering it to the voter.If an election officer has not already done so, when the voter hasfinished, he or she shall either (1) remove the numbered stub from theballot, place the ballot in the ballot box, and return the number tothe election officers, or (2) deliver the entire ballot to the electionofficers, who shall remove the numbered stub from the ballot and placethe ballot in the ballot box. For a partisan primary in a jurisdictionusing the physically separate ballot format, the voter shall alsoreturn unvoted party ballots to the precinct election officers, whoshall void the unvoted party ballots and return them to the countyauditor. If pollsite ballot counting devices are used, the votershall put the ballot in the device.NEW SECTION.Sec. A new section is added to chapter 29A.44RCW to read as follows: As each voter casts his or her vote, the precinct election officersshall insert in the poll books or precinct list of registered votersopposite that voter's name, a notation to credit the voter with havingparticipated in that primary or election. No record may be made of avoter's party affiliation in a partisan primary. The precinct electionofficers shall record the voter's name so that a separate record iskept.NEW SECTION.Sec. A new section is added to chapter 29A.52RCW to read as follows: Major political party candidates for all partisan elected offices,except for president and vice president, precinct committee officer,and offices exempted from the primary under section 172 of this act,must be nominated at primaries held under this chapter.NEW SECTION.Sec. A new section is added to chapter 29A.52RCW to read as follows: It is the intent of the legislature to create a primary for allpartisan elected offices, except for president and vice president,precinct committee officer, and offices exempted from the primary undersection 172 of this act, that: (1) Allows each voter to participate; (2) Preserves the privacy of each voter's party affiliation; 24 (3) Rejects mandatory voter registration by political party; (4) Protects ballot access for all candidates, including minorpolitical party and independent candidates; (5) Maintains a candidate's right to selfidentify with any majorpolitical party; and (6) Upholds a political party's First Amendment right ofassociation.NEW SECTION.Sec. A new section is added to chapter 29A.52RCW to read as follows: Instructions for voting a consolidated ballot or a physicallyseparate ballot, whichever is applicable, must appear, at the veryleast, in: (1) Any primary voters' pamphlet prepared by the secretary of stateor a local government if a partisan office will appear on the ballot; (2) Instructions that accompany any partisan primary ballot; (3) Any notice of a partisan primary published in compliance withsection 145 of this act; (4) A sample ballot prepared by a county auditor under section 131of this act for a partisan primary; (5) The web site of the office of the secretary of state and anyexisting web site of a county auditor's office; and (6) Every polling place.NEW SECTION.Sec. A new section is added to chapter 29A.52RCW to read as follows: (1) Under a consolidated ballot format: (a) Votes for a major political party candidate will only betabulated and reported if cast by voters who choose to affiliate withthat same major political party; (b) Votes cast for a major political party candidate by a voter whochooses to affiliate with a different major political party may not betabulated or reported; (c) Votes cast for a major political party candidate by a voter whofails to select a major political party affiliation may not betabulated or reported; (d) Votes cast for a major political party candidate by a voter whoselects more than one major political party with which to affiliate maynot be tabulated or reported; and 25 (e) Votes properly cast may not be affected by votes improperlycast for other races. (2) Under a physically separate ballot format: (a) Only one party ballot and one nonpartisan ballot may be voted; (b) If more than one party ballot is voted, none of the ballotswill be tabulated or reported; (c) A voter's affiliation with a major political party will beinferred from the act of voting the party ballot for that majorpolitical party; and (d) Every eligible registered voter may vote a nonpartisan ballot.NEW SECTION.Sec. A new section is added to chapter 29A.52RCW to read as follows: So far as applicable, the provisions of this title relating toconducting general elections govern the conduct of primaries.NEW SECTION.Sec. A new section is added to chapter 29A.52RCW to read as follows: Nothing in this chapter may be construed to mean that a voter maycast more than one vote for candidates for a given office.NEW SECTION.Sec. A new section is added to chapter 29A.52RCW to read as follows: Not more than ten nor less than three days before the primary thecounty auditor shall publish notice of such primary in one or morenewspapers of general circulation within the county. The notice mustcontain the proper party designations, the names and addresses of allpersons who have filed a declaration of candidacy to be voted upon atthat primary, instructions for voting the applicable ballot, asprovided in chapter 29A.36 RCW, the hours during which the polls willbe open, and the polling places for each precinct, giving the addressof each polling place. The names of all candidates for nonpartisanoffices must be published separately with designation of the officesfor which they are candidates but without party designation. This isthe only notice required for the holding of any primary.NEW SECTION.Sec. A new section is added to chapter 29A.52RCW to read as follows: No later than the day following the certification of the returns of 26 any primary, the secretary of state shall certify to the appropriatecounty auditors the names of all persons nominated for offices at aprimary, or at an independent candidate or minor party convention.NEW SECTION.Sec. A new section is added to chapter 29A.60RCW to read as follows: (1) For any office at any election or primary, any voter may writein on the ballot the name of any person for an office who has filed asa writein candidate for the office in the manner provided by section117 of this act and such vote shall be counted the same as if the namehad been printed on the ballot and marked by the voter. For a partisanprimary in a jurisdiction using the physically separate ballot format,a voter may write in on a party ballot only the names of writeincandidates who affiliate with that major political party. No writeinvote made for any person who has not filed a declaration of candidacypursuant to section 117 of this act is valid if that person filed forthe same office, either as a regular candidate or a writein candidate,at the preceding primary. Any abbreviation used to designate office,position, or political party shall be accepted if the canvassing boardcan determine, to their satisfaction, the voter's intent. (2) The number of writein votes cast for each office must berecorded and reported with the canvass for the election. (3) Writein votes cast for an individual candidate for an officeneed not be tallied if the total number of writein votes and undervotes recorded by the vote tabulation system for the office is notgreater than the number of votes cast for the candidate apparentlynominated or elected, and the writein votes could not have altered theoutcome of the primary or election. In the case of writein votes forstatewide office or for any office whose jurisdiction encompasses morethan one county, writein votes for an individual candidate must betallied whenever the county auditor is notified by either the office ofthe secretary of state or another auditor in a multicounty jurisdictionthat it appears that the writein votes could alter the outcome of theprimary or election. (4) In the case of statewide offices or jurisdictions thatencompass more than one county, if the total number of writein votesand under votes recorded by the vote tabulation system for an officewithin a county is greater than the number of votes cast for acandidate apparently nominated or elected in a primary or election, the 27 auditor shall tally all writein votes for individual candidates forthat office and notify the office of the secretary of state and theauditors of the other counties within the jurisdiction, that the writein votes for individual candidates should be tallied.NEW SECTION.Sec. A new section is added to chapter 29A.80RCW to read as follows: Any member of a major political party who is a registered voter inthe precinct may upon payment of a fee of one dollar file his or herdeclaration of candidacy as prescribed under section 158 of this actwith the county auditor for the office of precinct committee officer ofhis or her party in that precinct. When elected at the primary, theprecinct committee officer shall serve so long as the committee officerremains an eligible voter in that precinct.NEW SECTION.Sec. A new section is added to chapter 29A.80RCW to read as follows: The statutory requirements for filing as a candidate at theprimaries apply to candidates for precinct committee officer. Theoffice must be voted upon at the primaries, and the names of allcandidates must appear under the proper party and office designationson the ballot for the primary for each evennumbered year, and the onereceiving the highest number of votes will be declared elected.However, to be declared elected, a candidate must receive at least tenpercent of the number of votes cast for the candidate of thecandidate's party receiving the greatest number of votes in theprecinct. The term of office of precinct committee officer is twoyears, commencing the first day of December following the primary.NEW SECTION.Sec. A new section is added to chapter 29A.80RCW to read as follows: Within fortyfive days after the statewide general election inevennumbered years, the county chair of each major political partyshall call separate meetings of all elected precinct committee officersin each legislative district for the purpose of electing a legislativedistrict chair in such district. The district chair shall hold officeuntil the next legislative district reorganizational meeting two yearslater, or until a successor is elected. 28 The legislative district chair may be removed only by the majorityvote of the elected precinct committee officers in the chair'sdistrict.NEW SECTION.Sec. A new section is added to chapter 29A.04RCW to read as follows: The secretary of state as chief election officer shall makereasonable rules in accordance with chapter 34.05 RCW not inconsistentwith the federal and state election laws to effectuate any provision ofthis title and to facilitate the execution of its provisions in anorderly, timely, and uniform manner relating to any federal, state,county, city, town, and district elections. To that end the secretaryshall assist local election officers by devising uniform forms andprocedures. In addition to the rulemaking authority granted otherwise by thissection, the secretary of state shall make rules governing thefollowing provisions: (1) The maintenance of voter registration records; (2) The preparation, maintenance, distribution, review, and filingof precinct maps; (3) Standards for the design, layout, and production of ballots; (4) The examination and testing of voting systems forcertification; (5) The source and scope of independent evaluations of votingsystems that may be relied upon in certifying voting systems for use inthis state; (6) Standards and procedures for the acceptance testing of votingsystems by counties; (7) Standards and procedures for testing the programming of votetallying software for specific primaries and elections; (8) Standards and procedures for the preparation and use of eachtype of certified voting system including procedures for the operationof counting centers where vote tallying systems are used; (9) Standards and procedures to ensure the accurate tabulation andcanvassing of ballots; (10) Consistency among the counties of the state in the preparationof ballots, the operation of vote tallying systems, and the canvassingof primaries and elections; 29 (11) Procedures to ensure the secrecy of a voter's ballot when asmall number of ballots are counted at the polls or at a countingcenter; (12) The use of substitute devices or means of voting when a votingdevice at the polling place is found to be defective, the counting ofvotes cast on the defective device, the counting of votes cast on thesubstitute device, and the documentation that must be submitted to thecounty auditor regarding such circumstances; (13) Procedures for the transportation of sealed containers ofvoted ballots or sealed voting devices; (14) The acceptance and filing of documents via electronicfacsimile; (15) Voter registration applications and records; (16) The use of voter registration information in the conduct ofelections; (17) The coordination, delivery, and processing of voterregistration records accepted by driver licensing agents or thedepartment of licensing; (18) The coordination, delivery, and processing of voterregistration records accepted by agencies designated by the governor toprovide voter registration services; (19) Procedures to receive and distribute voter registrationapplications by mail; (20) Procedures for a voter to change his or her voter registrationaddress within a county by telephone; (21) Procedures for a voter to change the name under which he orshe is registered to vote; (22) Procedures for canceling dual voter registration records andfor maintaining records of persons whose voter registrations have beencanceled; (23) Procedures for the electronic transfer of voter registrationrecords between county auditors and the office of the secretary ofstate; (24) Procedures and forms for declarations of candidacy; (25) Procedures and requirements for the acceptance and filing ofdeclarations of candidacy by electronic means; (26) Procedures for the circumstance in which two or morecandidates have a name similar in sound or spelling so as to causeconfusion for the voter; 30 (27) Filing for office; (28) The order of positions and offices on a ballot; (29) Sample ballots; (30) Independent evaluations of voting systems; (31) The testing, approval, and certification of voting systems; (32) The testing of vote tallying software programming; (33) Standards and procedures to prevent fraud and to facilitatethe accurate processing and canvassing of absentee ballots and mailballots; (34) Standards and procedures to guarantee the secrecy of absenteeballots and mail ballots; (35) Uniformity among the counties of the state in the conduct ofabsentee voting and mail ballot elections; (36) Standards and procedures to accommodate outofstate voters,overseas voters, and service voters; (37) The tabulation of paper ballots before the close of the polls; (38) The accessibility of polling places and registrationfacilities that are accessible to elderly and disabled persons; (39) The aggregation of precinct results if reporting the resultsof a single precinct could jeopardize the secrecy of a person's ballot; (40) Procedures for conducting a statutory recount; (41) Procedures for filling vacancies in congressional offices ifthe general statutory time requirements for availability of absenteeballots, certification, canvassing, and related procedures cannot bemet; (42) Procedures for the statistical sampling of signatures forpurposes of verifying and canvassing signatures on initiative,referendum, and recall election petitions; (43) Standards and deadlines for submitting material to the officeof the secretary of state for the voters' pamphlet; (44) Deadlines for the filing of ballot titles for referendum billsand constitutional amendments if none have been provided by thelegislature; (45) Procedures for the publication of a state voters' pamphlet; (46) Procedures for conducting special elections regarding nuclearwaste sites if the general statutory time requirements for availabilityof absentee ballots, certification, canvassing, and related procedurescannot be met; (47) Procedures for conducting partisan primary elections; 31 (48) Standards and procedures for the proper conduct of votingduring the early voting period to provide accessability for the blindor visually impaired; (49) Standards for voting technology and systems used by the stateor any political subdivision to be accessible for individuals withdisabilities, including nonvisual accessibility for the blind andvisually impaired, in a manner that provides the same opportunity foraccess and participation, including privacy and independence, as othervoters; (50) All data formats for transferring voter registration data onelectronic or machinereadable media for the purpose of administeringthe statewide voter registration list required by the Help America VoteAct (P.L. 107252); (51) Defining the interaction of electronic voter registrationelection management systems employed by each county auditor to maintaina local copy of each county's portion of the official state list ofregistered voters; (52) Provisions and procedures to implement the statebasedadministrative complaint procedure as required by the Help America VoteAct (P.L. 107252); and (53) Facilitating the payment of local government grants to localgovernment election officers or vendors.NEW SECTION.Sec. A new section is added to chapter 29A.04RCW to read as follows: "Primary" or "primary election" means a statutory procedure fornominating candidates to public office at the polls.NEW SECTION.Sec. A new section is added to chapter 29A.20RCW 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 thequalifications specified by law for persons who may be elected to theoffice. (2) Excluding the office of precinct committee officer or atemporary elected position such as a charter review board member orfreeholder, no person may file for more than one office. (3) The name of a candidate for an office shall not appear on aballot for that office unless, except as provided in RCW 3.46.067 and 32 3.50.057, the candidate is, at the time the candidate's declaration ofcandidacy is filed, properly registered to vote in the geographic arearepresented by the office. For the purposes of this section, eachgeographic area in which registered voters may cast ballots for anoffice is represented by that office. If a person elected to an officemust be nominated from a district or similar division of the geographicarea represented by the office, the name of a candidate for the officeshall not appear on a primary ballot for that office unless thecandidate is, at the time the candidate's declaration of candidacy isfiled, properly registered to vote in that district or division. Theofficer with whom declarations of candidacy must be filed under thistitle shall review each such declaration filed regarding compliancewith this subsection. (4) The requirements of voter registration and residence within thegeographic area of a district do not apply to candidates forcongressional office. Qualifications for the United States congressare specified in the United States Constitution.NEW SECTION.Sec. A new section is added to chapter 29A.20RCW 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 herresidence, and the office for which he or she is named, and if thenomination is for the offices of president and vice president of theUnited States, a sworn statement from both nominees giving theirconsent to the nomination; (3) Identify the minor political party or the independent candidateon 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 bearingthe signatures and addresses of registered voters equal in number tothat required by section 111 of this act; (6) Contain proof of publication of the notice of calling theconvention; and (7) Be submitted to the appropriate filing officer not later thanone week following the adjournment of the convention at which thenominations were made. If the nominations are made only for officeswhose jurisdiction is entirely within one county, the certificate and 33 nominating petitions must be filed with the county auditor. If a minorparty or independent candidate convention nominates any candidates foroffices whose jurisdiction encompasses more than one county, allnominating petitions and the convention certificates must be filed withthe secretary of state.NEW SECTION.Sec. A new section is added to chapter 29A.20RCW to read as follows: (1) If two or more valid certificates of nomination are filedpurporting to nominate different candidates for the same position usingthe same party name, the filing officer must give effect to bothcertificates. If conflicting claims to the party name are not resolvedeither by mutual agreement or by a judicial determination of the rightto the name, the candidates must be treated as independent candidates.Disputes over the right to the name must not be permitted to delay theprinting of either ballots or a voters' pamphlet. Other candidatesnominated by the same conventions may continue to use the partisanaffiliation unless a court of competent jurisdiction directs otherwise. (2) A person affected may petition the superior court of the countyin which the filing officer is located for a judicial determination ofthe right to the name of a minor political party, either before orafter documents are filed with the filing officer. The court shallresolve the conflict between competing claims to the use of the sameparty name according to the following principles: (a) The priorestablished public use of the name during previous elections by a partycomposed of or led by the same individuals or individuals in documentedsuccession; (b) prior established public use of the name earlier in thesame election cycle; (c) the nomination of a more complete slate ofcandidates for a number of offices or in a number of different regionsof the state; (d) documented affiliation with a national or statewideparty organization with an established use of the name; (e) the firstdate of filing of a certificate of nomination; and (f) such otherindicia of an established right to use of the name as the court maydeem relevant. If more than one filing officer is involved, and one ofthem is the secretary of state, the petition must be filed in thesuperior court for Thurston county. Upon resolving the conflictbetween competing claims, the court may also address any ballotdesignation for the candidate who does not prevail. 34 NEW SECTION.Sec. A new section is added to chapter 29A.20RCW to read as follows: A minor political party or independent candidate conventionnominating candidates for the offices of president and vice presidentof the United States shall, not later than ten days after theadjournment of the convention, submit a list of presidential electorsto the office of the secretary of state. The list shall contain thenames and the mailing addresses of the persons selected and shall beverified by the presiding officer of the convention.NEW SECTION.Sec. A new section is added to chapter 29A.20RCW to read as follows: Upon the receipt of the certificate of nomination, the officer withwhom it is filed shall check the certificate and canvass the signatureson the accompanying nominating petitions to determine if therequirements of section 111 of this act have been met. Once thedetermination has been made, the filing officer shall notify thepresiding officer of the convention and any other persons requestingthe notification, of his or her decision regarding the sufficiency ofthe certificate or the nominating petitions. Any appeal regarding thefiling officer's determination must be filed with the superior court ofthe county in which the certificate or petitions were filed not laterthan five days from the date the determination is made, and shall beheard and finally disposed of by the court within five days of thefiling. Nominating petitions shall not be available for publicinspection or copying.NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: A candidate who desires to have his or her name printed on theballot for election to an office other than president of the UnitedStates, vice president of the United States, or an office for whichownership of property is a prerequisite to voting shall complete andfile a declaration of candidacy. The secretary of state shall adopt,by rule, a declaration of candidacy form for the office of precinctcommittee officer and a separate standard form for candidates for allother offices filing under this chapter. Included on the standard formshall be: 35 (1) A place for the candidate to declare that he or she is aregistered voter within the jurisdiction of the office for which he orshe is filing, and the address at which he or she is registered; (2) A place for the candidate to indicate the position for which heor she is filing; (3) A place for the candidate to indicate a party designation, ifapplicable; (4) A place for the candidate to indicate the amount of the filingfee accompanying the declaration of candidacy or for the candidate toindicate that he or she is filing a nominating petition in lieu of thefiling fee under section 160 of this act; (5) A place for the candidate to sign the declaration of candidacy,stating that the information provided on the form is true and swearingor affirming that he or she will support the Constitution and laws ofthe United States and the Constitution and laws of the state ofWashington. In the case of a declaration of candidacy filed electronically,submission of the form constitutes agreement that the informationprovided with the filing is true, that he or she will support theConstitutions and laws of the United States and the state ofWashington, and that he or she agrees to electronic payment of thefiling fee established in section 160 of this act. The secretary of state may require any other information on theform he or she deems appropriate to facilitate the filing process.NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: Any candidate may mail his or her declaration of candidacy for anoffice to the filing officer. Such declarations of candidacy shall beprocessed by the filing officer in the following manner: (1) Any declaration received by the filing officer by mail beforethe tenth business day immediately preceding the first day forcandidates to file for office shall be returned to the candidatesubmitting it, together with a notification that the declaration ofcandidacy was received too early to be processed. The candidate shallthen be permitted to resubmit his or her declaration of candidacyduring the filing period. (2) Any properly executed declaration of candidacy received by mailon or after the tenth business day immediately preceding the first day 36 for candidates to file for office and before the close of business onthe last day of the filing period shall be included with filings madein person during the filing period. In partisan and judicial electionsthe filing officer shall determine by lot the order in which the namesof those candidates shall appear upon sample and absentee primaryballots. (3) Any declaration of candidacy received by the filing officerafter the close of business on the last day for candidates to file foroffice shall be rejected and returned to the candidate attempting tofile it.NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: A filing fee of one dollar shall accompany each declaration ofcandidacy for precinct committee officer; a filing fee of ten dollarsshall accompany the declaration of candidacy for any office with afixed annual salary of one thousand dollars or less; a filing fee equalto one percent of the annual salary of the office at the time of filingshall accompany the declaration of candidacy for any office with afixed annual salary of more than one thousand dollars per annum. Nofiling fee need accompany a declaration of candidacy for any office forwhich compensation is on a per diem or per meeting attended basis. A candidate who lacks sufficient assets or income at the time offiling to pay the filing fee required by this section shall submit withhis or her declaration of candidacy a nominating petition. Thepetition shall contain not less than a number of signatures ofregistered voters equal to the number of dollars of the filing fee.The signatures shall be of voters registered to vote within thejurisdiction of the office for which the candidate is filing. When the candidacy is for: (1) A legislative or judicial office that includes territory frommore than one county, the fee shall be paid to the secretary of statefor equal division between the treasuries of the counties comprisingthe district. (2) A city or town office, the fee shall be paid to the countyauditor who shall transmit it to the city or town clerk for deposit inthe city or town treasury. 37 NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: Nominating petitions may be rejected for the following reasons: (1) The petition is not in the proper form; (2) The petition clearly bears insufficient signatures; (3) The petition is not accompanied by a declaration of candidacy; (4) The time within which the petition and the declaration ofcandidacy could have been filed has expired. If the petition is accepted, the officer with whom it is filedshall canvass the signatures contained on it and shall reject thesignatures of those persons who are not registered voters and thesignatures of those persons who are not registered to vote within thejurisdiction of the office for which the nominating petition is filed.He or she shall additionally reject any signature that appears on thenominating petitions of two or more candidates for the same office andshall also reject, each time it appears, the name of any person whosigns the same petition more than once. If the officer with whom the petition is filed refuses to acceptthe petition or refuses to certify the petition as bearing sufficientvalid signatures, the person filing the petition may appeal that actionto the superior court. The application for judicial review shall takeprecedence over other cases and matters and shall be speedily heard anddetermined.NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: A void in candidacy for a nonpartisan office occurs when anelection for such office, except for the short term, has been scheduledand no valid declaration of candidacy has been filed for the positionor all persons filing such valid declarations of candidacy have died orbeen disqualified.NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: The election officer with whom declarations of candidacy are filedshall give notice of a void in candidacy for a nonpartisan office, bynotifying press, radio, and television in the county and by such othermeans as may now or hereafter be provided by law. The notice shall 38 state the office, and the time and place for filing declarations ofcandidacy.NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: Filings to fill a void in candidacy for nonpartisan office must bemade in the same manner and with the same official as required duringthe regular filing period for such office, except that nominatingsignature petitions that may be required of candidates filing forcertain district offices during the normal filing period may not berequired of candidates filing during the special threeday filingperiod.NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: Filings for a nonpartisan office shall be reopened for a period ofthree normal business days, such three day period to be fixed by theelection officer with whom such declarations of candidacy are filed andnotice thereof given by notifying press, radio, and television in thecounty and by such other means as may now or hereafter be provided bylaw whenever before the sixth Tuesday prior to a primary: (1) A void in candidacy occurs; (2) A vacancy occurs in any nonpartisan office leaving an unexpiredterm 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 acertificate of election pursuant to Article 4, section 29, Amendment 41of the state Constitution, dies or is disqualified. Candidacies validly filed within said threeday period shall appearon the ballot as if made during the earlier filing period.NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: Filings for a nonpartisan office (other than judge of the supremecourt or superintendent of public instruction) shall be reopened for aperiod of three normal business days, such three day period to be fixedby the election officer with whom such declarations of candidacy arefiled and notice thereof given by notifying press, radio, and 39 television in the county and by such other means as may now orhereafter be provided by law, when: (1) A void in candidacy for such nonpartisan office occurs on orafter the sixth Tuesday prior to a primary but prior to the sixthTuesday before an election; or (2) A nominee for judge of the superior court eligible after acontested primary for a certificate of election by Article 4, section29, Amendment 41 of the state Constitution, dies or is disqualifiedwithin the ten day period immediately following the last day allottedfor a candidate to withdraw; or (3) A vacancy occurs in any nonpartisan office on or after thesixth Tuesday prior to a primary but prior to the sixth Tuesday beforean election leaving an unexpired term to be filled by an election forwhich filings have not been held. The candidate receiving a plurality of the votes cast for thatoffice in the general election shall be deemed elected.NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: A scheduled election shall be lapsed, the office deemed strickenfrom the ballot, no purported writein votes counted, and no candidatecertified as elected, when: (1) In an election for judge of the supreme court or superintendentof public instruction, a void in candidacy occurs on or after the sixthTuesday prior to a primary, public filings and the primary being anindispensable phase of the election process for such offices; (2) Except as otherwise specified in section 166 of this act, anominee for judge of the superior court entitled to a certificate ofelection pursuant to Article 4, section 29, Amendment 41 of the stateConstitution dies or is disqualified on or after the sixth Tuesdayprior to a primary; (3) In other elections for nonpartisan office a void in candidacyoccurs or a vacancy occurs involving an unexpired term to be filled onor after the sixth Tuesday prior to an election.NEW SECTION.Sec. A new section is added to chapter 29A.32RCW to read as follows: (1) The maximum number of words for statements submitted bycandidates is as follows: State representative, one hundred words; 40 state senator, judge of the superior court, judge of the court ofappeals, justice of the supreme court, and all state offices voted uponthroughout the state, except that of governor, two hundred words;president and vice president, United States senator, United Statesrepresentative, and governor, three hundred words. (2) Arguments written by committees under RCW 29A.32.060 may notexceed two hundred fifty words in length. (3) Rebuttal arguments written by committees may not exceedseventyfive words in length. (4) The secretary of state shall allocate space in the pamphletbased on the number of candidates or nominees for each office.NEW SECTION.Sec. A new section is added to chapter 29A.36RCW to read as follows: (1) Except as provided to the contrary in RCW 82.14.036, 82.46.021,or 82.80.090, the ballot title of any referendum filed on an enactmentor portion of an enactment of a local government and any other questionsubmitted to the voters of a local government consists of threeelements: (a) An identification of the enacting legislative body anda statement of the subject matter; (b) a concise description of themeasure; and (c) a question. The ballot title must conform with therequirements and be displayed substantially as provided under RCW29A.72.050, except that the concise description must not exceedseventyfive words. If the local governmental unit is a city or atown, the concise statement shall be prepared by the city or townattorney. If the local governmental unit is a county, the concisestatement shall be prepared by the prosecuting attorney of the county.If the unit is a unit of local government other than a city, town, orcounty, the concise statement shall be prepared by the prosecutingattorney of the county within which the majority area of the unit islocated. (2) A referendum measure on the enactment of a unit of localgovernment shall be advertised in the manner provided for nominees forelective office. (3) Subsection (1) of this section does not apply if anotherprovision of law specifies the ballot title for a specific type ofballot question or proposition. 41 NEW SECTION.Sec. A new section is added to chapter 29A.36RCW to read as follows: (1) Except as provided in RCW 29A.36.180 and in subsection (2) ofthis section, on the ballot at the general election for a nonpartisanoffice for which a primary was held, only the names of the candidatewho received the greatest number of votes and the candidate whoreceived the next greatest number of votes for that office shall appearunder the title of that office, and the names shall appear in thatorder. If a primary was conducted, no candidate's name may be printedon the subsequent general election ballot unless he or she receives atleast one percent of the total votes cast for that office at thepreceding primary. On the ballot at the general election for any othernonpartisan office for which no primary was held, the names of thecandidates shall be listed in the order determined under section 130 ofthis act. (2) On the ballot at the general election for the office of justiceof the supreme court, judge of the court of appeals, judge of thesuperior court, judge of the district court, or state superintendent ofpublic instruction, if a candidate in a contested primary receives amajority of all the votes cast for that office or position, only thename of that candidate may be printed under the title of the office forthat position.NEW SECTION.Sec. A new section is added to chapter 29A.36RCW to read as follows: The names of the persons certified as nominees by the secretary ofstate or the county canvassing board shall be printed on the ballot atthe ensuing election. No name of any candidate whose nomination at a primary is requiredby law shall be placed upon the ballot at a general or special electionunless it appears upon the certificate of either (1) the secretary ofstate, or (2) the county canvassing board, or (3) a minor partyconvention or the state or county central committee of a majorpolitical party to fill a vacancy on its ticket under section 192 ofthis act. Excluding the office of precinct committee officer or a temporaryelected position such as a charter review board member or freeholder,a candidate's name shall not appear more than once upon a ballot for aposition regularly nominated or elected at the same election. 42 NEW SECTION.Sec. A new section is added to chapter 29A.52RCW to read as follows: Whenever it shall be necessary to hold a special election in anoddnumbered year to fill an unexpired term of any office which isscheduled to be voted upon for a full term in an evennumbered year, noSeptember primary election shall be held in the oddnumbered year if,after the last day allowed for candidates to withdraw, either of thefollowing circumstances exist: (1) No more than one candidate of each qualified political partyhas filed a declaration of candidacy for the same partisan office to befilled; or (2) No more than two candidates have filed a declaration ofcandidacy for a single nonpartisan office to be filled. In either event, the officer with whom the declarations ofcandidacy were filed shall immediately notify all candidates concernedand the names of the candidates that would have been printed upon theSeptember primary ballot, but for the provisions of this section, shallbe printed as nominees for the positions sought upon the Novembergeneral election ballot.NEW SECTION.Sec. A new section is added to chapter 29A.52RCW to read as follows: Candidates for the following offices shall be nominated at partisanprimaries held pursuant to the provisions of this chapter: (1) Congressional offices; (2) All state offices except (a) judicial offices and (b) theoffice of superintendent of public instruction; (3) All county offices except (a) judicial offices and (b) thoseoffices where a county home rule charter provides otherwise.NEW SECTION.Sec. A new section is added to chapter 29A.52RCW to read as follows: The offices of superintendent of public instruction, justice of thesupreme court, judge of the court of appeals, judge of the superiorcourt, and judge of the district court shall be nonpartisan and thecandidates therefor shall be nominated and elected as such. All city, town, and special purpose district elective offices shallbe nonpartisan and the candidates therefor shall be nominated andelected as such. 43 NEW SECTION.Sec. A new section is added to chapter 29A.52RCW 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 begiven by at least one publication not more than ten nor less than threedays before the election by the county auditor or the officerconducting the election as the case may be, in one or more newspapersof general circulation within the county. The legal notice mustcontain the title of each office under the proper party designation,the names and addresses of all officers who have been nominated for anoffice to be voted upon at that election, together with the ballottitles of all measures, the hours during which the polls will be open,and the polling places for each precinct, giving the address of eachpolling place. The names of all candidates for nonpartisan officesmust be published separately with designation of the offices for whichthey are candidates but without party designation. This is the onlynotice required for a state, county, district, or municipal general orspecial election and supersedes the provisions of any and all otherstatutes, whether general or special in nature, having differentrequirements for the giving of notice of any general or specialelections.NEW SECTION.Sec. A new section is added to chapter 29A.60RCW to read as follows: (1) If the requisite number of any federal, state, county, city, ordistrict offices have not been nominated in a primary by reason of twoor more persons having an equal and requisite number of votes for beingplaced on the general election ballot, the official empowered by statelaw to certify candidates for the general election ballot shall givenotice to the several persons so having the equal and requisite numberof votes to attend at the appropriate office at the time designated bythat official, who shall then and there proceed publicly to decide bylot which of those persons will be declared nominated and placed on thegeneral election ballot. (2) If the requisite number of any federal, state, county, city,district, or precinct officers have not been elected by reason of twoor more persons having an equal and highest number of votes for one andthe same office, the official empowered by state law to issue theoriginal certificate of election shall give notice to the several 44 persons so having the highest and equal number of votes to attend atthe appropriate office at the time to be appointed by that official,who shall then and there proceed publicly to decide by lot which ofthose persons will be declared duly elected, and the official shallmake out and deliver to the person thus duly declared elected acertificate of election.NEW SECTION.Sec. A new section is added to chapter 29A.64RCW to read as follows: An officer of a political party or any person for whom votes werecast in a primary who was not declared nominated may file a writtenapplication for a recount of the votes or a portion of the votes castat that primary for all persons for whom votes were cast for nominationto that office. An officer of a political party or any person for whom votes werecast at any election may file a written application for a recount ofthe votes or a portion of the votes cast at that election for allcandidates for election to that office. Any group of five or more registered voters may file a writtenapplication for a recount of the votes or a portion of the votes castupon any question or issue. They shall designate one of the members ofthe group as chair and shall indicate the voting residence of eachmember of the group. An application for a recount of the votes cast for an office or ona ballot measure must be filed with the officer with whom filings aremade for the jurisdiction. An application for a recount must specify whether the recount willbe done manually or by the vote tally system. A recount done by thevote tally system must use programming that recounts and reports onlythe office or ballot measure in question. The county shall alsoprovide for a test of the logic and accuracy of that program. An application for a recount must be filed within three businessdays after the county canvassing board or secretary of state hasdeclared the official results of the primary or election for the officeor issue for which the recount is requested. This chapter applies to the recounting of votes cast by paperballots and to the recounting of votes recorded on ballots counted bya vote tally system. 45 NEW SECTION.Sec. A new section is added to chapter 29A.64RCW to read as follows: (1) If the official canvass of all of the returns for any office atany primary or election reveals that the difference in the number ofvotes cast for a candidate apparently nominated or elected to anyoffice and the number of votes cast for the closest apparently defeatedopponent is less than two thousand votes and also less than onehalf ofone percent of the total number of votes cast for both candidates, thecounty canvassing board shall conduct a recount of all votes cast onthat position. (a) Whenever such a difference occurs in the number of votes castfor candidates for a position the declaration of candidacy for whichwas filed with the secretary of state, the secretary of state shall,within three business days of the day that the returns of the primaryor election are first certified by the canvassing boards of thosecounties, direct those boards to recount all votes cast on theposition. (b) If the difference in the number of votes cast for the apparentwinner and the closest apparently defeated opponent is less than onehundred fifty votes and also less than onefourth of one percent of thetotal number of votes cast for both candidates, the votes shall berecounted manually or as provided in subsection (3) of this section. (2) A mandatory recount shall be conducted in the manner providedby RCW 29A.64.030, and sections 179 and 180 of this act. No cost of amandatory recount may be charged to any candidate. (3) The apparent winner and closest apparently defeated opponentfor an office for which a manual recount is required under subsection(1)(b) of this section may select an alternative method of conductingthe recount. To select such an alternative, the two candidates shallagree to the alternative in a signed, written statement filed with theelection official for the office. The recount shall be conducted usingthe alternative method if: It is suited to the balloting system thatwas used for casting the votes for the office; it involves the use ofa vote tallying system that is approved for use in this state by thesecretary of state; and the vote tallying system is readily availablein each county required to conduct the recount. If more than oneballoting system was used in casting votes for the office, analternative to a manual recount may be selected for each system. 46 NEW SECTION.Sec. A new section is added to chapter 29A.64RCW to read as follows: (1) At the time and place established for a recount, the canvassingboard or its duly authorized representatives, in the presence of allwitnesses who may be in attendance, shall open the sealed containerscontaining the ballots to be recounted, and shall recount the votes forthe offices or issues for which the recount has been ordered. Ballotsshall be handled only by the members of the canvassing board or theirduly authorized representatives. Witnesses shall be permitted to observe the ballots and the processof tabulating the votes, but they shall not be permitted to handle theballots. The canvassing board shall not permit the tabulation of votesfor any nomination, election, or issue other than the ones for which arecount was applied for or required. (2) At any time before the ballots from all of the precincts listedin the application for the recount have been recounted, the applicantmay file with the board a written request to stop the recount. (3) The recount may be observed by persons representing thecandidates affected by the recount or the persons representing bothsides of an issue that is being recounted. The observers may not makea record of the names, addresses, or other information on the ballots,poll books, or applications for absentee ballots unless authorized bythe superior court. The secretary of state or county auditor may limitthe number of observers to not less than two on each side if, in his orher opinion, a greater number would cause undue delay or disruption ofthe recount process.NEW SECTION.Sec. A new section is added to chapter 29A.64RCW to read as follows: Upon completion of the canvass of a recount, the canvassing boardshall prepare and certify an amended abstract showing the votes cast ineach precinct for which the recount was conducted. Copies of theamended abstracts must be transmitted to the same officers who receivedthe abstract on which the recount was based. If the nomination, election, or issue for which the recount wasconducted was submitted only to the voters of a county, the canvassingboard shall file the amended abstract with the original results of thatelection or primary. 47 If the nomination, election, or issue for which a recount wasconducted was submitted to the voters of more than one county, thesecretary of state shall canvass the amended abstracts and shall filean amended abstract with the original results of that election. Anamended abstract certified under this section supersedes any priorabstract of the results for the same offices or issues at the sameprimary or election.NEW SECTION.Sec. A new section is added to chapter 29A.64RCW to read as follows: The canvassing board shall determine the expenses for conducting arecount of votes. The cost of the recount shall be deducted from the amount depositedby the applicant for the recount at the time of filing the request forthe recount, and the balance shall be returned to the applicant. Ifthe costs of the recount exceed the deposit, the applicant shall paythe difference. No charges may be deducted by the canvassing boardfrom the deposit for a recount if the recount changes the result of thenomination or election for which the recount was ordered.NEW SECTION.Sec. A new section is added to chapter 29A.68RCW to read as follows: Any justice of the supreme court, judge of the court of appeals, orjudge of the superior court in the proper county shall, by order,require any person charged with error, wrongful act, or neglect toforthwith correct the error, desist from the wrongful act, or performthe duty and to do as the court orders or to show cause forthwith whythe error should not be corrected, the wrongful act desisted from, orthe duty or order not performed, whenever it is made to appear to suchjustice or judge by affidavit of an elector that: (1) An error or omission has occurred or is about to occur inprinting the name of any candidate on official ballots; or (2) An error other than as provided in subsections (1) and (3) ofthis section has been committed or is about to be committed in printingthe ballots; or (3) The name of any person has been or is about to be wrongfullyplaced upon the ballots; or (4) A wrongful act other than as provided for in subsections (1) 48 and (3) of this section has been performed or is about to be performedby any election officer; or (5) Any neglect of duty on the part of an election officer otherthan as provided for in subsections (1) and (3) of this section hasoccurred or is about to occur; or (6) An error or omission has occurred or is about to occur in theissuance of a certificate of election. An affidavit of an elector under subsections (1) and (3) above whenrelating to a primary election must be filed with the appropriate courtno later than the second Friday following the closing of the filingperiod for nominations for such office and shall be heard and finallydisposed of by the court not later than five days after the filingthereof. An affidavit of an elector under subsections (1) and (3) ofthis section when relating to a general election must be filed with theappropriate court no later than three days following the officialcertification of the primary election returns and shall be heard andfinally disposed of by the court not later than five days after thefiling thereof. An affidavit of an elector under subsection (6) ofthis section shall be filed with the appropriate court no later thanten days following the issuance of a certificate of election.NEW SECTION.Sec. A new section is added to chapter 29A.80RCW to read as follows: (1) Each political party organization may: (a) Make its own rules and regulations; and (b) Perform all functions inherent in such an organization. (2) Only major political parties may designate candidates to appearon the state primary ballot as provided in section 191 of this act.NEW SECTION.Sec. A new section is added to chapter 29A.84RCW to read as follows: The following apply to persons signing nominating petitionsprescribed by section 114 of this act: (1) A person who signs a petition with any other than his or hername shall be guilty of a misdemeanor. (2) A person shall be guilty of a misdemeanor if the personknowingly: Signs more than one petition for any single candidacy ofany single candidate; signs the petition when he or she is not a legalvoter; or makes a false statement as to his or her residence. 49 NEW SECTION.Sec. A new section is added to chapter 29A.84RCW to read as follows: Every person who: (1) Knowingly provides false information on his or her declarationof candidacy or petition of nomination; or (2) Conceals or fraudulently defaces or destroys a certificate thathas been filed with an elections officer under chapter 29A.20 RCW or adeclaration of candidacy or petition of nomination that has been filedwith an elections officer, or any part of such a certificate,declaration, or petition, is guilty of a class C felony punishableunder RCW 9A.20.021.NEW SECTION.Sec. A new section is added to chapter 29A.84RCW to read as follows: Every person who: (1) Knowingly and falsely issues a certificate of nomination orelection; or (2) Knowingly provides false information on a certificate whichmust be filed with an elections officer under chapter 29A.20 RCW, isguilty of a class C felony punishable under RCW 9A.20.021.NEW SECTION.Sec. A new section is added to chapter 29A.04RCW to read as follows: "September primary" means the primary election held in September tonominate candidates to be voted for at the ensuing election.NEW SECTION.Sec. A new section is added to chapter 29A.20RCW to read as follows: A "convention" for the purposes of this chapter, is an organizedassemblage of registered voters representing an independent candidateor candidates or a new or minor political party, organization, orprinciple. As used in this chapter, the term "election jurisdiction"shall mean the state or any political subdivision or jurisdiction ofthe state from which partisan officials are elected. This term shallinclude county commissioner districts or council districts for membersof a county legislative authority, counties for county officials whoare nominated and elected on a countywide basis, legislative districtsfor members of the legislature, congressional districts for members of 50 Congress, and the state for president and vice president, members ofthe United States senate, and state officials who are elected on astatewide basis.NEW SECTION.Sec. A new section is added to chapter 29A.20RCW to read as follows: Each minor party or independent candidate must publish a notice ina newspaper of general circulation within the county in which the partyor the candidate intends to hold a convention. The notice must appearat least ten days before the convention is to be held, and shall statethe date, time, and place of the convention. Additionally, it shallinclude the mailing address of the person or organization sponsoringthe convention.NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: If after both the normal filing period and special three day filingperiod as provided by sections 165 and 166 of this act have passed, nocandidate has filed for any single city, town, or district position tobe filled, the election for such position shall be deemed lapsed, theoffice deemed stricken from the ballot and no writein votes counted.In such instance, the incumbent occupying such position shall remain inoffice and continue to serve until a successor is elected at the nextelection when such positions are voted upon.NEW SECTION.Sec. A new section is added to chapter 29A.28RCW to read as follows: If a place on the ticket of a major political party is vacantbecause no person has filed for nomination as the candidate of thatmajor political party, after the last day allowed for candidates towithdraw as provided by section 115 of this act, and if the vacancy isfor a state or county office to be voted on solely by the electors ofa single county, the county central committee of the major politicalparty may select and certify a candidate to fill the vacancy. If thevacancy is for any other office the state central committee of themajor political party may select and certify a candidate to fill thevacancy. The certificate must set forth the cause of the vacancy, thename of the person nominated, the office for which the person isnominated, and other pertinent information required in an ordinary 51 certificate of nomination and be filed in the proper office no laterthan the first Friday after the last day allowed for candidates towithdraw, together with the candidate's fee applicable to that officeand a declaration of candidacy.NEW SECTION.Sec. A new section is added to chapter 29A.28RCW to read as follows: A vacancy caused by the death or disqualification of any candidateor nominee of a major or minor political party may be filled at anytime up to and including the day prior to the election for thatposition. For state partisan offices in any political subdivisionvoted on solely by electors of a single county, an individual shall beappointed to fill such vacancy by the county central committee in thecase of a major political party or by the state central committee orcomparable governing body in the case of a minor political party. Forother partisan offices, including federal or statewide offices, anindividual shall be appointed to fill such vacancy by the state centralcommittee or comparable governing body of the appropriate politicalparty. If the vacancy occurs no later than the sixth Tuesday prior to thestate primary or general election concerned and the ballots have beenprinted, it shall be mandatory that they be corrected by theappropriate election officers. In making such correction, it shall notbe necessary to reprint complete ballots if any other less expensivetechnique can be used and the resulting correction is reasonably clear. If the vacancy occurs after the sixth Tuesday prior to the stateprimary or general election and time does not exist in which to correctballots (including absentee ballots), either in total or in part, thenthe votes cast or recorded for the person who has died or becomedisqualified shall be counted for the person who has been named to fillsuch vacancy. When the secretary of state is the person with whom the appointmentby the major or minor political party is filed, the secretary shall, incertifying candidates or nominations to the various county officersinsert the name of the person appointed to fill a vacancy. If the secretary of state has already sent forth the certificatewhen the appointment to fill a vacancy is filed, the secretary shallforthwith certify to the county auditors of the proper counties thename and place of residence of the person appointed to fill a vacancy, 52 the office for which the person is a candidate or nominee, the partythe person represents, and all other pertinent facts pertaining to thevacancy.NEW SECTION.Sec. The following acts or parts of acts areeach repealed: RCW 29A.04.007 (Ballot and related terms) and 2003 c 111 s 102,1994 c 57 s 2, 1990 c 59 s 2, & 1977 ex.s. c 361 s 1; RCW 29A.04.085 (Major political party) and section 3 of thisact, 2003 c 111 s 115, 1977 ex.s. c 329 s 9, & 1965 c 9 s 29.01.090; RCW 29A.04.127 (Primary) and section 5 of this act & 2003 c 111s 122; RCW 29A.04.215 (County auditorDutiesExceptions) and 2003 c111 s 134, 1987 c 295 s 1, 1977 ex.s. c 361 s 2, 1971 ex.s. c 202 s 1,1965 c 123 s 1, & 1965 c 9 s 29.04.020; RCW 29A.04.310 (Primaries) and section 6 of this act, 2003 c111 s 143, 1977 ex.s. c 361 s 29, 1965 ex.s. c 103 s 6, & 1965 c 9 s29.13.070; RCW 29A.04.320 (State and local general electionsStatewidegeneral electionExceptionsSpecial county elections) and 2003 c 111s 144, 1994 c 142 s 1, 1992 c 37 s 1, 1989 c 4 s 9 (Initiative MeasureNo. 99), 1980 c 3 s 1, 1975'76 2nd ex.s. c 111 s 1, 1975'76 2nd ex.s.c 3 s 1, 1973 2nd ex.s. c 36 s 1, 1973 c 4 s 1, 1965 c 123 s 2, & 1965c 9 s 29.13.010; RCW 29A.04.610 (Rules by secretary of state) and 2003 c 111 s161, 1971 ex.s. c 202 s 2, & 1965 c 9 s 29.04.080; RCW 29A.12.100 (Requirements of tallying systems for approval)and 2003 c 111 s 310; RCW 29A.20.020 (Qualifications for filing, appearance onballot) and section 7 of this act, 2004 c ... (Senate Bill No. 6417) s11, 2003 c 111 s 502, 1999 c 298 s 9, 1993 c 317 s 10, & 1991 c 178 s1; RCW 29A.20.120 (Nomination by convention or writeinDatesSpecial filing period) and section 8 of this act & 2003 c 111 s 506; RCW 29A.20.140 (ConventionRequirements for validity) andsection 9 of this act & 2003 c 111 s 508; RCW 29A.20.150 (Nominating petitionRequirements) and section10 of this act & 2003 c 111 s 509; 53 RCW 29A.20.160 (Certificate of nominationRequisites) andsection 11 of this act, 2003 c 111 s 510, 1989 c 215 s 4, 1977 ex.s. c329 s 4, & 1965 c 9 s 29.24.040; RCW 29A.20.170 (Multiple certificates of nomination) andsection 12 of this act & 2003 c 111 s 511; RCW 29A.20.180 (Presidential electorsSelection atconvention) and section 13 of this act & 2003 c 111 s 512; RCW 29A.20.190 (Certificate of nominationCheckingsignaturesAppeal of determination) and section 14 of this act & 2003c 111 s 513; RCW 29A.24.030 (Declaration of candidacy) and section 15 ofthis act, 2003 c 111 s 603, 2002 c 140 s 1, & 1990 c 59 s 82. RCW 29A.24.080 (DeclarationFiling by mail) and section 17 ofthis act & 2003 c 111 s 608; RCW 29A.24.090 (DeclarationFees and petitions) and section18 of this act & 2003 c 111 s 609; RCW 29A.24.100 (Nominating petitionForm) and section 19 ofthis act, 2003 c 111 s 610, & 1984 c 142 s 5; RCW 29A.24.110 (PetitionsRejectionAcceptance, canvass ofsignaturesJudicial review) and section 20 of this act & 2003 c 111 s611; RCW 29A.24.130 (Withdrawal of candidacy) and 2003 c 111 s 613; RCW 29A.24.140 (Void in candidacyException) and section 21of this act & 2003 c 111 s 614; RCW 29A.24.150 (Notice of void in candidacy) and section 22 ofthis act & 2003 c 111 s 615; RCW 29A.24.160 (Filings to fill void in candidacyHow made)and section 23 of this act, 2003 c 111 s 616, & 1972 ex.s. c 61 s 6; RCW 29A.24.170 (Reopening of filingBefore sixth Tuesdaybefore primary) and section 24 of this act & 2003 c 111 s 617; RCW 29A.24.180 (Reopening of filingAfter sixth Tuesdaybefore primary) and section 25 of this act & 2003 c 111 s 618; RCW 29A.24.190 (Scheduled election lapses, when) and section26 of this act, 2003 c 111 s 619, 2002 c 108 s 1, 1975'76 2nd ex.s. c120 s 12, & 1972 ex.s. c 61 s 4; RCW 29A.24.310 (Writein votingCandidates, declaration) andsection 27 of this act, 2003 c 111 s 622, 1999 c 157 s 1, 1995 c 158 s1, 1990 c 59 s 100, & 1988 c 181 s 1; 54 RCW 29A.28.040 (CongressSpecial election) and section 29 ofthis act, 2003 c 111 s 704, 1990 c 59 s 105, 1985 c 45 s 4, 1973 2ndex.s. c 36 s 3, & 1965 c 9 s 29.68.080; RCW 29A.28.060 (CongressGeneral, primary election laws toapplyTime deadlines, modifications) and section 30 of this act, 2003c 111 s 706, 1985 c 45 s 7, & 1965 c 9 s 29.68.130; RCW 29A.28.070 (Precinct committee officer) and 2003 c 111 s707; RCW 29A.32.030 (Contents) and section 31 of this act & 2003 c111 s 803; RCW 29A.32.120 (Candidates' statementsLength) and section 32of this act, 2004 c ... (Senate Bill No. 6417) s 12, 2003 c 254 s 6,2003 c 111 s 812, & 1999 c 260 s 11; RCW 29A.32.240 (Contents) and 2003 c 111 s 816 & 1984 c 106 s6; RCW 29A.36.010 (Certifying primary candidates) and section 33of this act & 2003 c 111 s 901; RCW 29A.36.070 (Local measuresBallot titleFormulationAdvertising) and section 34 of this act & 2003 c 111 s 907; RCW 29A.36.100 (Names on primary ballot) and section 35 ofthis act, 2003 c 111 s 910, & 1990 c 59 s 93; RCW 29A.36.110 (Uniformity, arrangement, contents required)and 2003 c 111 s 911; RCW 29A.36.120 (Order of offices and issuesParty indication)and 2003 c 111 s 912; RCW 29A.36.130 (Order of candidates on ballots) and 2003 c 111s 913; RCW 29A.36.140 (PrimariesRotating names of candidates) and2003 c 111 s 914; RCW 29A.36.150 (Sample ballots) and 2003 c 111 s 915; RCW 29A.36.160 (Arrangement of instructions, measures,officesOrder of candidatesNumbering of ballots) and 2003 c 111 s916, 1990 c 59 s 13, 1986 c 167 s 11, 1982 c 121 s 1, & 1977 ex.s. c361 s 60; RCW 29A.36.170 (Nonpartisan candidates qualified for generalelection) and section 36 of this act, 2004 c ... (Senate Bill No. 6518)s 1, & 2003 c 111 s 917; RCW 29A.36.200 (Names qualified to appear on election ballot)and section 37 of this act & 2003 c 111 s 920; 55 RCW 29A.40.060 (Issuance of ballot and other materials) and2003 c 111 s 1006, 2001 c 241 s 6, & 1991 c 81 s 31; RCW 29A.40.090 (Envelopes and instructions) and 2003 c 111 s1009; RCW 29A.44.200 (Issuing ballot to voterChallenge) and 2003c 111 s 1119, 1990 c 59 s 40, & 1965 c 9 s 29.51.050; RCW 29A.44.220 (Casting vote) and 2003 c 111 s 1121, 1990 c 59s 43, 1988 c 181 s 4, 1965 ex.s. c 101 s 15, & 1965 c 9 s 29.51.100; RCW 29A.44.230 (Record of participation) and 2003 c 111 s1122; RCW 29A.52.010 (Elections to fill unexpired termNo primary,when) and section 38 of this act & 2003 c 111 s 1301; RCW 29A.52.110 (Application of chapter) and section 39 of thisact & 2003 c 111 s 1302; RCW 29A.52.120 (General election laws govern primaries) and2003 c 111 s 1303; RCW 29A.52.230 (Nonpartisan offices specified) and section 41of this act & 2003 c 111 s 1307; RCW 29A.52.310 (Notice of primary) and 2003 c 111 s 1309 &1965 c 9 s 29.27.030; RCW 29A.52.320 (Certification of nominees) and section 42 ofthis act & 2003 c 111 s 1310; RCW 29A.52.350 (ElectionCertification of measures) andsection 43 of this act, 2003 c 111 s 1313, 1999 c 4 s 1, 1984 c 106 s12, 1980 c 35 s 8, & 1965 c 9 s 29.27.080; RCW 29A.60.020 (Writein votingDeclaration of candidacyCounting of vote) and section 44 of this act & 2003 c 111 s 1502; RCW 29A.60.220 (Tie in primary or final election) and section45 of this act, 2003 c 111 s 1522, & 1965 c 9 s 29.62.080; RCW 29A.64.010 (ApplicationRequirementsApplication ofchapter) and section 46 of this act, 2003 c 111 s 1601, 2001 c 225 s 3,1987 c 54 s 3, 1977 ex.s. c 361 s 98, & 1965 c 9 s 29.64.010; RCW 29A.64.020 (Mandatory) and section 47 of this act & 2003c 111 s 1602; RCW 29A.64.040 (ProcedureObserversRequest to stop) andsection 48 of this act & 2003 c 111 s 1604; RCW 29A.64.060 (Amended abstracts) and section 49 of this act& 2003 c 111 s 1606; 56 RCW 29A.64.080 (ExpensesCharges) and section 50 of this act& 2003 c 111 s 1608; RCW 29A.68.010 (Prevention and correction of election fraudsand errors) and section 51 of this act & 2003 c 111 s 1701; RCW 29A.80.010 (AuthorityGenerally) and section 52 of thisact, 2003 c 111 s 2001, 1977 ex.s. c 329 s 16, & 1965 c 9 s 29.42.010; RCW 29A.80.040 (Precinct committee officer, eligibility) and2003 c 111 s 2004; RCW 29A.80.050 (Precinct committee officerElectionDeclaration of candidacy, feeTerm) and 2003 c 111 s 2005, 1991 c 363s 34, 1987 c 295 s 14, 1973 c 4 s 7, 1967 ex.s. c 32 s 2, 1965 ex.s. c103 s 3, & 1965 c 9 s 29.42.050; RCW 29A.80.060 (Legislative district chairElectionTermRemoval) and 2003 c 111 s 2006, 1991 c 363 s 35, 1987 c 295 s 15, &1967 ex.s. c 32 s 1; RCW 29A.84.260 (PetitionsImproperly signing) and section 53of this act & 2003 c 111 s 2114; RCW 29A.84.310 (Candidacy declarations, nominating petitions)and section 54 of this act & 2003 c 111 s 2117; RCW 29A.84.710 (Documents regarding nomination, election,candidacyFrauds and falsehoods) and section 55 of this act, 2003 c111 s 2137, 1991 c 81 s 8, & 1965 c 9 s 29.85.100; Section 1 of this act; Section 2 of this act; Section 4 of this act; Section 28 of this act; and Section 40 of this act.PART 3 MISCELLANEOUS PROVISIONSNEW SECTION.Sec. Sections 102 through 193 of this act takeeffect the June 1st following the secretary of state issuing anotification that no qualifying primary may be held in this state.NEW SECTION.Sec. The code reviser shall correct anyinternal references accordingly if sections 102 through 193 of this acttake effect. 57 NEW SECTION.Sec. Part headings used in this act are not anypart of the law. Renumber the remaining sections consecutively, correct any internalreferences accordingly, and correct the title.ESB 6453H AMD1184By Representative ArmstrongADOPTED 03/08/2004 On page 42, line 32, after Sec. 60. strike This and insertExcept for sections 102 through 193 of this act, this--- END --- 58