6453AMSCARLS4961.3SB 6453S AMD757By Senators Carlson, HargroveADOPTED 03/02/2004 Strike everything after the enacting clause and insert thefollowing:NEW SECTION.Sec. A new section is added to chapter 29A.52RCW to read as follows: (1) This act may be known and cited as the Qualifying Primary Act. (2) The purpose of any primary held in this state is to qualifycandidates to appear on the general election ballot. Primary electionsdo not function as a procedure to determine the nominees of politicalparties. The sole purpose of allowing candidates to identify apolitical party preference is to provide to voters a brief descriptionof each candidate's political philosophy, which the voters may considerwhen casting their votes at a primary or general election. In aprimary election, each voter, regardless of party affiliation, may votefor any candidate listed on the ballot, and the two candidates whoreceive the most votes, also known as the top two vote getters, and whoreceive at least one percent of the total votes cast for that office,advance to the general election. Primary election voters are notchoosing a party's nominee. A qualifying primary ensures more choice,greater participation, increased privacy, and a sense of fairness forthe voters. (3) The provisions of this title relating to primaries must beliberally construed to further the following interests: (a) The legislature finds that the process of determining whichcandidates will appear on the general election ballot or be elected tooffice is a public process, in which all voters must be permitted toparticipate. The legislature further finds that it is not in thepublic interest to expend public funds on an election procedure thatlimits the rights of voters by restricting their ability to participatebased on the party affiliation, if any, of the voters or thecandidates, or that requires voters to publicly declare an affiliationwith a political party; 1 (b) All qualified registered voters of the state of Washingtonshould be permitted to participate in all meaningful stages of theprocess for qualifying candidates to appear on the general electionballot by voting for the candidates of their choice in the districtsand jurisdictions where they are eligible to vote; and (c) No registered voter of the state of Washington should berequired to divulge to any public or private entity his or her partyaffiliation, if any, as a prerequisite to voting.NEW SECTION.Sec. The rights of Washington voters areprotected by its Constitution and laws and include the followingfundamental rights: (1) The right of qualified voters to vote at all elections; (2) The right of absolute secrecy of the vote. No voter may berequired to disclose political faith or adherence in order to vote; (3) The right to cast a vote for any candidate for each officewithout any limitation based on party preference or affiliation, ofeither the voter or the candidate.Sec. RCW 29A.04.085 and 2003 c 111 s 115 are each amended toread 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 theseoffices appear on the ballot in an evenyear general election, themajor party retains its status as a major party through that election))identified on the declaration of candidacy of at least one candidatefor statewide office who received at least five percent of the totalvotes cast for that office at the last primary or general election ina year that the office of governor appeared on the ballot. Oncequalified, a major political party retains such status until the nextprimary or general election in a year that the office of governorappears on the ballot. 2 NEW SECTION.Sec. A new section is added to chapter 29A.04 RCWto read as follows: "Partisan office" means an office for which a candidate mayidentify a political philosophy under RCW 29A.24.030(3) or section 16of this act, and is limited to the following offices: (1) United States senator and representative; (2) All state offices except (a) judicial offices and (b) 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.Sec. RCW 29A.04.127 and 2003 c 111 s 122 are each amended toread as follows: "Primary" ((or "primary election")) means a statutory qualifyingprocedure ((for nominating candidates to public office at the polls))in which each registered voter eligible to vote in the district orjurisdiction is permitted to cast a vote for his or her preferredcandidate for each office appearing on the ballot, without anylimitation based on party preference or affiliation on the part of thevoter or the candidate, with the result that not more than twocandidates for each office qualify to appear on the general electionballot.Sec. RCW 29A.04.310 and 2003 c 111 s 143 are each amended toread as follows: ((Nominating)) Qualifying primaries for general elections to beheld in November must be held on the third Tuesday of the precedingSeptember or on the seventh Tuesday immediately preceding such generalelection, whichever occurs first.Sec. RCW 29A.20.020 and 2003 c 111 s 502 are each amended toread 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 (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 and3.50.057, 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)) qualified from a district or similar division ofthe geographic area represented by the office, the name of a candidatefor the office shall not appear on a primary ballot for that officeunless the candidate is, at the time the candidate's declaration ofcandidacy is filed, properly registered to vote in that district ordivision. The officer with whom declarations of candidacy must befiled under this title shall review each such declaration filedregarding compliance with this subsection. (4) ((This section does not apply to the office of a member of theUnited States Congress.)) The requirements of voter registration andresidence within the geographic area of a district do not apply tocandidates for congressional office. Qualifications for United StatesCongress are specified in the United States Constitution.Sec. RCW 29A.20.120 and 2003 c 111 s 506 are each amended toread 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 RCW 29A.28.040; (b) as providedby RCW 29A.60.020; or (c) as otherwise provided in this section. (2))) Nominations of candidates for president and vice president ofthe United States other than by a major political party ((may)) must bemade ((either at a convention conducted under subsection (1) of thissection, or)) at a ((similar)) convention ((taking place)) to be heldnot earlier than the first Sunday in July and not later than seventydays before the general election. ((Conventions held during this timeperiod may not nominate candidates for any public office other thanpresident and vice president of the United States, except as providedin subsection (3) of this section. 4 (3) If a special filing period for a partisan office is openedunder RCW 29A.24.210, candidates of minor political parties andindependent candidates may file for office during that special filingperiod. The names of those candidates may not appear on the ballotunless they are nominated by convention held no later than five daysafter the close of the special filing period and a certificate ofnomination is filed with the filing officer no later than three daysafter the convention. The requirements of RCW 29A.20.130 do not applyto such a convention. If primary ballots or a voters' pamphlet areordered to be printed before the deadline for submitting thecertificate of nomination and the certificate has not been filed, thenthe candidate's name will be included but may not appear on the generalelection ballot unless the certificate is timely filed and thecandidate otherwise qualifies to appear on that ballot. (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, or a statewide office, a minor party orindependent candidate holding multiple conventions may add together thenumber of signatures of different individuals from each conventionobtained in support of the candidate or candidates in order to obtainthe number required by RCW 29A.20.140. For all other offices for whichnominations are made, signatures of the requisite number of registeredvoters must be obtained at a single convention.))Sec. RCW 29A.20.140 and 2003 c 111 s 508 are each amended toread as follows: (((1) To be valid, a convention must be attended by at leasttwentyfive registered voters. (2))) In order to nominate candidates for the offices of presidentand vice president of the United States, ((United States senator, orany statewide office,)) a nominating convention shall obtain and submitto the filing officer the signatures of at least two hundred registeredvoters of the state of Washington. ((In order to nominate candidatesfor any other office, a nominating convention shall obtain and submitto the filing officer the signatures of twentyfive persons who areregistered to vote in the jurisdiction of the office for which thenominations are made.)) 5 Sec. RCW 29A.20.150 and 2003 c 111 s 509 are each amended toread as follows: A nominating petition submitted under this chapter shall clearlyidentify the name of the minor party or independent candidate((convention as it appears on the certificate of nomination as requiredby RCW 29A.20.160(3))). The petition shall also contain a statementthat the person signing the petition is a registered voter of the stateof Washington and shall have a space for the voter to sign his or hername and to print his or her name and address. ((No person may signmore than one nominating petition under this chapter for an office fora primary or election.)) The nominating petition must be submitted tothe secretary of state not later than ten days after adjournment of theconvention.Sec. RCW 29A.20.160 and 2003 c 111 s 510 are each amended toread as follows: A certificate evidencing nominations of candidates for the officesof president and vice president 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, their addresses, and a sworn statement from bothnominees giving their consent 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 RCW 29A.20.140; (6) Contain proof of publication of the notice of calling theconvention; and (7) Be submitted to the ((appropriate filing officer)) secretary ofstate not later than one week following the adjournment of theconvention at which the nominations were made. ((If the nominationsare made only for offices whose jurisdiction is entirely within onecounty, the certificate and nominating petitions must be filed with thecounty auditor. If a minor party or independent candidate convention 6 nominates any candidates for offices whose jurisdiction encompassesmore than one county, all nominating petitions and the conventioncertificates must be filed with the secretary of state.))Sec. RCW 29A.20.170 and 2003 c 111 s 511 are each amended toread as follows: (1) If two or more valid certificates of nomination are filedpurporting to nominate different candidates for ((the same position))president and vice president using the same party name, the filingofficer must give effect to both certificates. If conflicting claimsto the party name are not resolved either by mutual agreement or by ajudicial determination of the right to the name, the candidates must betreated as independent candidates. Disputes over the right to the namemust not be permitted to delay the printing of either ballots or avoters' pamphlet. ((Other candidates nominated by the same conventionsmay continue to use the partisan affiliation unless a court ofcompetent 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))) (d) thefirst date of filing of a certificate of nomination; and (((f))) (e)such other indicia of an established right to use of the name as thecourt may deem relevant. ((If more than one filing officer isinvolved, and one of them is the secretary of state, the petition mustbe filed in the superior court for Thurston county.)) Upon resolvingthe conflict between competing claims, the court may also address anyballot designation for the candidate who does not prevail. 7 Sec. RCW 29A.20.180 and 2003 c 111 s 512 are each amended toread 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)) candidatesnamed on the nominating petition.Sec. RCW 29A.20.190 and 2003 c 111 s 513 are each amended toread as follows: Upon the receipt of the ((certificate of nomination)) nominatingpetition, the ((officer with whom it is filed shall check thecertificate and)) secretary of state shall canvass the signatures ((onthe accompanying nominating petitions to determine if the requirementsof RCW 29A.20.140 have been met)). Once the determination of thesufficiency of the petitions has been made, the filing officer shallnotify the ((presiding officer of the convention)) candidates and anyother persons requesting the notification((, of his or her decisionregarding the sufficiency of the certificate or the nominatingpetitions)). Any appeal regarding the filing officer's determinationmust be filed with the superior court of the county in which thecertificate or petitions were filed not later than five days from thedate the determination is made, and shall be heard and finally disposedof by the court within five days of the filing. Nominating petitionsshall not be available for public inspection or copying.Sec. RCW 29A.24.030 and 2003 c 111 s 603 are each amended toread 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 all 8 other offices filing under this chapter. Included on the standard formshall be: (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) For those offices defined in section 4 of this act only, aplace for the candidate to ((indicate a party designation, ifapplicable)) identify a major or minor political party, if any, thecandidate regards as best approximating his or her own politicalphilosophy. No candidate may list more than one political party.Nothing in this indication of political philosophy may be construed asdenoting an endorsement or nomination by that party. The sole purposeof allowing candidates to identify a political party preference is toprovide to voters a brief description of each candidate's politicalphilosophy, which the voters may consider when casting their votes ata primary or general election. If a court of competent jurisdictionholds that a political party has a right to control the use of the namein a manner inconsistent with this subsection, this subsection isinoperative and section 16 of this act applies; (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 ofthe filing fee under RCW 29A.24.090; (5) A place for the candidate to sign the declaration of candidacy,stating that the information provided on the form is true and 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 RCW 29A.24.090. The secretary of state may require any other information on theform he or she deems appropriate to facilitate the filing process. 9 NEW SECTION.Sec. A new section is added to chapter 29A.24RCW to read as follows: If, as provided in RCW 29A.24.030(3), a court of competentjurisdiction holds that a political party has the right to control theuse of its name in a manner inconsistent with the provisions of thatsubsection, then the following process applies: For those offices defined in section 4 of this act, a place for thecandidate to submit a description of up to three words that thecandidate regards as best approximating his or her own politicalphilosophy. The sole purpose of allowing a candidate to submit athreeword description is to provide to voters information about eachcandidate's political philosophy, which the voters may consider whencasting their votes at a primary or general election. The secretary ofstate shall adopt rules as necessary for the implementation of thissection.Sec. RCW 29A.24.080 and 2003 c 111 s 608 are each amended toread 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 dayfor 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 primaries for partisan officeand judicial ((elections)) offices the filing officer shall determineby lot the order in which the names of those candidates shall appearupon sample and absentee primary ballots. (3) Any declaration of candidacy received by the filing officerafter the close of business on the last day for candidates to file for 10 office shall be rejected and returned to the candidate attempting tofile it.Sec. RCW 29A.24.090 and 2003 c 111 s 609 are each amended toread 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)) filing petition.The petition 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.Sec. RCW 29A.24.100 and 2003 c 111 s 610 are each amended toread as follows: The ((nominating)) filing petition authorized by RCW 29A.24.090shall be printed on sheets of uniform color and size, shall contain nomore than twenty numbered lines, and must be in substantially thefollowing 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)) 11 filing is made)..., hereby petition that the name of...(candidate's name)... be printed on the official primary ballotfor the office of ...(insert name of office).... If the candidate listed a political party on the declaration ofcandidacy, then the name of that party must appear on the filingpetition. The petition must include a place for each individual to sign andprint his or her name, and the address, city, and county at which he orshe is registered to vote.Sec. RCW 29A.24.110 and 2003 c 111 s 611 are each amended toread 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 isfiled. He or she shall additionally reject any signature that appearson the ((nominating)) petitions of two or more candidates for the sameoffice and shall also reject, each time it appears, the name of anyperson who signs 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.Sec. RCW 29A.24.140 and 2003 c 111 s 614 are each amended toread as follows: A void in candidacy for ((a nonpartisan)) an office occurs when anelection for such office, except for the short term, has been scheduled 12 and no valid declaration of candidacy has been filed for the positionor all persons filing such valid declarations of candidacy have died orbeen disqualified.Sec. RCW 29A.24.150 and 2003 c 111 s 615 are each amended toread as follows: The election officer with whom declarations of candidacy are filedshall give notice of a void in candidacy for ((a nonpartisan)) anoffice((,)) by notifying press, radio, and television in the county orcounties involved and by such other means as may now or hereafter beprovided by law. The notice shall state the office, and the time andplace for filing declarations of candidacy.Sec. RCW 29A.24.160 and 2003 c 111 s 616 are each amended toread as follows: Filings to fill a void in candidacy for ((nonpartisan)) an officemust be made in the same manner and with the same official as requiredduring the regular filing period for such office((, except thatnominating signature petitions that may be required of candidatesfiling for certain district offices during the normal filing period maynot be required of candidates filing during the special threedayfiling period)).Sec. RCW 29A.24.170 and 2003 c 111 s 617 are each amended toread as follows: Filings for ((a nonpartisan)) an office 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, andtelevision in the county or counties and by such other means as may nowor hereafter be provided by law whenever before the sixth Tuesday priorto a primary: (1) A void in candidacy occurs; (2) A vacancy occurs in ((any nonpartisan)) an office leaving anunexpired term to be filled by an election for which filings have notbeen held; or (3) A ((nominee)) candidate for judge of the superior courtentitled to a certificate of election pursuant to Article 4, section29, Amendment 41 of the state Constitution, dies or is disqualified. 13 Candidacies validly filed within said threeday period shall appearon the ballot as if made during the earlier filing period.Sec. RCW 29A.24.180 and 2003 c 111 s 618 are each amended toread 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, andtelevision 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)) candidate for judge of the superior courteligible after a contested primary for a certificate of election byArticle 4, section 29, Amendment 41 of the state Constitution, dies oris disqualified within the ten day period immediately following thelast day allotted for 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.Sec. RCW 29A.24.190 and 2003 c 111 s 619 are each amended toread as follows: A scheduled election ((shall be lapsed)) lapses, the office isdeemed stricken from the ballot, no purported writein votes may becounted, and no candidate may be certified as elected, when: (1) In an election for judge of the supreme court ((or)),superintendent of public instruction, or a partisan office, a void incandidacy occurs on or after the sixth Tuesday prior to a primary,public filings and the primary being an indispensable phase of theelection process for such offices; (2) Except as otherwise specified in RCW 29A.24.180, a ((nominee))candidate for judge of the superior court entitled to a certificate of 14 election 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.Sec. RCW 29A.24.310 and 2003 c 111 s 622 are each amended toread 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 RCW 29A.24.090. Votes cast for writein candidates who have filed such declarationsof candidacy ((and writein votes for persons appointed by politicalparties pursuant to RCW 29A.28.020)) need only specify the name of thecandidate in the appropriate location on the ballot in order to becounted. Writein votes cast for any other candidate, in order to becounted, must designate the office sought and position number ((orpolitical party)), if the manner in which the writein is done does notmake the office or position clear. In order for writein votes to bevalid in jurisdictions employing opticalscan mark sense ballot systemsthe voter must complete the proper mark next to the writein line forthat office. 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. 15 The declaration of candidacy shall be similar to that required byRCW 29A.24.030. No writein candidate filing under this section may beincluded in any voter's pamphlet produced under chapter 29A.32 RCWunless that candidate qualifies to have his or her name printed on thegeneral election ballot. The legislative authority of any jurisdictionproducing a local voter's pamphlet under chapter 29A.32 RCW mayprovide, by ordinance, for the inclusion of writein candidates in suchpamphlets.NEW SECTION.Sec. A new section is added to chapter 29A.28RCW to read as follows: If the death or disqualification of a candidate for a partisan ornonpartisan office does not give rise to the opening of a new filingperiod under RCW 29A.24.170, then the following will occur: (1) If the candidate dies or becomes disqualified after filing adeclaration of candidacy but before the close of the filing period,then the declaration of candidacy is void and his or her name will notappear on the ballot; (2) If the candidate dies or becomes disqualified after the closeof the filing period but before the day of the primary, then his or hername will appear on the primary ballot and all otherwise valid votesfor that candidate will be tabulated. The candidate's name will notappear on the general election ballot even if he or she otherwise wouldhave qualified to do so, but no other candidate will advance, or besubstituted, in the place of that candidate. If the candidate was theonly candidate to qualify to advance to the general election, then thegeneral election for that office lapses, and the office will beregarded as vacant as of the time the newly elected official would haveotherwise taken office; (3) If the candidate dies or becomes disqualified on or after theday of the primary, and he or she would have otherwise qualified toappear on the general election ballot, then his or her name will appearon the general election ballot and all otherwise valid votes for thatcandidate will be tabulated. If the candidate received a number ofvotes sufficient to be elected to office, but for his or her death ordisqualification, then the office will be regarded as vacant as of thetime the newly elected official would have otherwise taken office. 16 Sec. RCW 29A.28.040 and 2003 c 111 s 704 are each amended toread 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. (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)) qualifying 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 andspecial vacancy elections shall be held in concert with the stateprimary and 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 candidates are to be nominated)).The names of candidates who have filed valid declarations of candidacyduring this threeday period shall appear on the approaching primaryballot. (5) If the vacancy occurs later than the second Friday followingthe close of the filing period, a special primary and special vacancyelection to fill the position shall be held after the next stategeneral election but, in any event, no later than the ninetieth dayfollowing the November election. 17 Sec. RCW 29A.28.060 and 2003 c 111 s 706 are each amended toread as follows: The general election laws and laws relating to ((partisan))primaries ((shall)) for partisan offices apply to the special primariesand vacancy elections provided for in RCW 29A.28.040 through 29A.28.050to the extent that they are not inconsistent with the provisions ofthese sections. Statutory time deadlines relating to availability ofabsentee ballots, certification, canvassing, and related proceduresthat cannot be met in a timely fashion may be modified for the purposesof a specific primary or vacancy election under this chapter by thesecretary of state through emergency rules adopted under RCW29A.04.610.Sec. RCW 29A.32.030 and 2003 c 111 s 803 are each amended toread 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)) candidates qualified to appear on theballot for the office of president and vice president of the UnitedStates, United States senator, United States representative, governor,lieutenant governor, secretary of state, state treasurer, stateauditor, attorney general, commissioner of public lands, superintendentof public instruction, insurance commissioner, state senator, staterepresentative, justice of the supreme court, judge of the court ofappeals, or judge of the superior court. Candidates may also submit acampaign mailing address and telephone number and a photograph not morethan five years old and of a size and quality that the secretary ofstate determines to be suitable 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 telephone 18 number 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, iffiled with the secretary of state by the state committee of a majorpolitical party or the presiding officer of the convention of a minorpolitical party)) for which a candidate appearing on the ballot hasexpressed a preference on his or her declaration of candidacy, if theparty has provided that information to the secretary of state; (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 minorpolitical parties are formed and the statutory methods used by theparties to nominate candidates for president; (7) In evennumbered years, a description of the office of precinctcommittee officer and its duties; (8) An application form for an absentee ballot; (9) A brief statement explaining the deletion and addition oflanguage for proposed measures under RCW 29A.32.080; (10) 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.Sec. RCW 29A.32.120 and 2003 c 254 s 6 and 2003 c 111 s 812are each reenacted and amended to read as follows: (1) The maximum number of words for statements submitted bycandidates is as follows: State representative, one hundred words;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. 19 (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.Sec. RCW 29A.36.010 and 2003 c 111 s 901 are each amended toread as follows: On or before the day following the last day allowed for ((politicalparties to fill vacancies in the ticket as provided by RCW 29A.28.010))candidates to withdraw under RCW 29A.24.130, the secretary of stateshall certify to each county auditor a list of the candidates who havefiled declarations of candidacy in his or her office for the primary.For each office, the certificate shall include the name of eachcandidate, his or her address, and his or her party ((designation))preference, if any.Sec. RCW 29A.36.070 and 2003 c 111 s 907 are each amended toread 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))candidates for elective office. 20 (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.Sec. RCW 29A.36.100 and 2003 c 111 s 910 are each amended toread as follows: Except for the candidates for the positions of president and vicepresident or for a partisan or nonpartisan office for which no primaryis required, the names of all candidates who, under this title, fileda declaration of candidacy((, were certified as a candidate to fill avacancy on a major party ticket, or were nominated as an independent orminor party candidate)) will appear on the appropriate ballot at theprimary throughout the jurisdiction ((in which they are to benominated)) of the office for which they are a candidate.Sec. RCW 29A.36.170 and 2003 c 111 s 917 are each amended toread 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 ((anonpartisan)) an office for which a primary was held, only the names ofthe candidate who received the greatest number of votes and thecandidate who received the next greatest number of votes for thatoffice shall appear under the title of that office, and the names shallappear in that order. If a primary was conducted, no candidate's namemay be printed on the subsequent general election ballot unless he orshe receives at least one percent of the total votes cast for thatoffice at the preceding primary. On the ballot at the general electionfor ((any other nonpartisan)) an office for which no primary was held,the names of the candidates shall be listed in the order determinedunder RCW 29A.36.130. (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, or state superintendent of public instruction, if acandidate in a contested primary receives a majority of all the votescast for that office or position, only the name of that candidate maybe printed under the title of the office for that position.Sec. RCW 29A.36.200 and 2003 c 111 s 920 are each amended toread as follows: 21 The names of the persons certified ((as nominees)) by the secretaryof state or the county canvassing board as having qualified to appearon the general election ballot shall be printed on the ballot at theensuing election. No name of any candidate ((whose nomination at a primary isrequired by law shall)) for an office for which a primary is conductedmay be placed upon the ballot at a general or special election unlessit 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 RCW 29A.28.020)). 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.Sec. RCW 29A.52.010 and 2003 c 111 s 1301 are each amended toread 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, no((September)) primary election shall be held in the oddnumbered yearif, after the last day allowed for candidates to withdraw((, either ofthe following 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)) this 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 the((September)) primary ballot, but for the provisions of this section,shall be printed as ((nominees)) candidates for the positions soughtupon the ((November)) general election ballot.Sec. RCW 29A.52.110 and 2003 c 111 s 1302 are each amended toread as follows: 22 Candidates for ((the following offices shall be nominated at))partisan offices will appear on the ballot at primaries held ((pursuantto the provisions of)) under 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: (1) Whenever candidates for partisan office are to be elected, thegeneral election must be preceded by a primary conducted under thischapter, except as otherwise provided in law. Based upon votes cast atthe primary, two candidates must be certified as qualified to appear onthe general election ballot, under RCW 29A.52.320 and 29A.36.170. (2) A primary may not be used to select the nominees of a politicalparty. A primary is a critical stage in the public process by whichvoters elect candidates to public office. (3) If a candidate indicates a political philosophy as provided byRCW 29A.24.030(3) or section 16 of this act on his or her declarationof candidacy, then the philosophy will be listed for the candidate onthe primary and general election ballots. Each candidate who does notexpress a philosophy will be listed as an independent candidate on theprimary and general election ballots. Political philosophy will belisted for the information of the voters only, and may not be used forany purpose relating to the conduct, canvassing, or certification ofthe primary, and may in no way limit the options available to voters indeciding for whom to cast a vote.Sec. RCW 29A.52.230 and 2003 c 111 s 1307 are each amended toread 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)) qualified and elected assuch. All city, town, and special purpose district elective offices shall 23 be nonpartisan and the candidates therefor shall be ((nominated))qualified and elected as such.Sec. RCW 29A.52.320 and 2003 c 111 s 1310 are each amended toread as follows: No later than the day following the certification of the returns ofany primary, the secretary of state shall certify to the appropriatecounty auditors, the names of all persons ((nominated)) qualified toappear on the general election ballot as candidates for offices, thereturns of which have been canvassed by the secretary of state.Sec. RCW 29A.52.350 and 2003 c 111 s 1313 are each amended toread as follows: Except as provided in RCW 29A.32.260, notice for any state,county, district, or municipal election, whether special or general,must be given by at least one publication not more than ten nor lessthan three days before the election by the county auditor or theofficer conducting the election as the case may be, in one or morenewspapers of general circulation within the county. The legal noticemust contain the title of each office under the proper party((designation)) preference, the names and addresses of all ((officers))candidates who have been ((nominated)) qualified to appear on theballot for an office to be voted upon at that election, together withthe ballot titles of all measures, the hours during which the pollswill be open, and the polling places for each precinct, giving theaddress of each polling place. The names of all candidates fornonpartisan offices must be published separately with designation ofthe offices for which they are candidates but without partydesignation. This is the only notice required for a state, county,district, or municipal general or special election and supersedes theprovisions of any and all other statutes, whether general or special innature, having different requirements for the giving of notice of anygeneral or special elections.Sec. RCW 29A.60.020 and 2003 c 111 s 1502 are each amended toread 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 RCW 24 29A.24.310 and such vote shall be counted the same as if the name hadbeen printed on the ballot and marked by the voter. No writein votemade for any person who has not filed a declaration of candidacypursuant to RCW 29A.24.310 is valid if that person filed for the sameoffice, either as a regular candidate or a writein candidate, at thepreceding 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 cast for theoffice is not greater than the number of votes cast for the candidateapparently ((nominated)) qualified to appear on the general electionballot 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 votescast for an office within a county is greater than the number of votescast for a candidate apparently ((nominated)) qualified to appear onthe general election ballot or elected in a primary or election, theauditor 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.Sec. RCW 29A.60.220 and 2003 c 111 s 1522 are each amended toread as follows: (1) If the requisite number of any federal, state, county, city, ordistrict offices have not ((been nominated)) qualified to appear on thegeneral election ballot in a primary by reason of two or more personshaving an equal and requisite number of votes for being placed on thegeneral election ballot, the official empowered by state law to certify 25 candidates for the general election ballot shall give notice to theseveral persons so having the equal and requisite number of votes toattend at the appropriate office at the time designated by thatofficial, who shall then and there proceed publicly to decide by lotwhich of those persons will be declared ((nominated)) qualified andplaced on the general election ballot. (2) If the requisite number of any federal, state, county, city,district, or precinct officers have not been elected by reason of 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 severalpersons 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.Sec. RCW 29A.64.010 and 2003 c 111 s 1601 are each amended toread as follows: An officer of a political party or any person for whom votes werecast in a primary who was not declared ((nominated)) qualified toappear on the general election ballot may file a written applicationfor a recount of the votes or a portion of the votes cast at thatprimary for all persons for whom votes were cast for ((nomination to))that office. An officer of a political party or any person for whom votes 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. 26 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.Sec. RCW 29A.64.020 and 2003 c 111 s 1602 are each amended toread 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)) qualified to appearon the general election ballot or elected to any office and the numberof votes cast for the closest apparently defeated opponent is less thantwo thousand votes and also less than onehalf of one percent of thetotal number of votes cast for both candidates, the county canvassingboard shall conduct a recount of all votes cast on that 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, 29A.64.040, and 29A.64.060. No cost of a mandatoryrecount may be charged to any candidate. 27 (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.Sec. RCW 29A.64.040 and 2003 c 111 s 1604 are each amended toread 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,)) office or issue other than the onesfor which a recount 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 or 28 her opinion, a greater number would cause undue delay or disruption ofthe recount process.Sec. RCW 29A.64.060 and 2003 c 111 s 1606 are each amended toread 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,)) office or issue for which therecount was conducted was submitted only to the voters of a county, thecanvassing board shall file the amended abstract with the originalresults of that election or primary. If the ((nomination, election,)) office or issue for which arecount was conducted was submitted to the voters of more than onecounty, the secretary of state shall canvass the amended abstracts andshall file an amended abstract with the original results of thatelection. An amended abstract certified under this section supersedesany prior abstract of the results for the same offices or issues at thesame primary or election.Sec. RCW 29A.64.080 and 2003 c 111 s 1608 are each amended toread 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 the((nomination)) primary or election for which the recount was ordered.Sec. RCW 29A.68.010 and 2003 c 111 s 1701 are each amended toread 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 to 29 forthwith 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)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 andfinally disposed of by the court not later than five days after thefiling thereof. An affidavit of an elector under subsections (1) and(3) of this section when relating to a general election must be filedwith the appropriate court no later than three days following theofficial certification of the primary election returns and shall beheard and finally disposed of by the court not later than five daysafter the filing thereof. An affidavit of an elector under subsection(6) of this section shall be filed with the appropriate court no laterthan ten days following the issuance of a certificate of election.Sec. RCW 29A.80.010 and 2003 c 111 s 2001 are each amended toread as follows: (((1))) Each political party organization may((: (a) Make its own)) adopt rules ((and regulations; and (b) Perform all functions inherent in such an organization. 30 (2) Only major political parties may designate candidates to appearon the state primary ballot as provided in RCW 29A.28.010)) governingits own organization and the nonstatutory functions of thatorganization.Sec. RCW 29A.84.260 and 2003 c 111 s 2114 are each amended toread as follows: The following apply to persons signing ((nominating)) petitionsprescribed by RCW 29A.20.150 and 29A.24.100: (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.Sec. RCW 29A.84.310 and 2003 c 111 s 2117 are each amended toread as follows: Every person who: (1) Knowingly provides false information on his or her declarationof candidacy ((or)), filing petition ((of nomination)), or nominatingpetition; or (2) Conceals or fraudulently defaces or destroys a certificate thathas been filed with an elections officer under RCW ((29A.20.110 through29A.20.200)) 29A.20.120 through 29A.20.180 or a declaration ofcandidacy or petition of nomination that has been filed with anelections officer, or any part of such a certificate, declaration, orpetition, is guilty of a class C felony punishable under RCW 9A.20.021.Sec. RCW 29A.84.710 and 2003 c 111 s 2137 are each amended toread as follows: Every person who: (1) Knowingly and falsely issues a certificate of ((nomination))qualification or election; or (2) Knowingly provides false information on a certificate whichmust be filed with an elections officer under RCW ((29A.20.110 through29A.20.200)) 29A.20.120 through 29A.20.180, is guilty of a class Cfelony punishable under RCW 9A.20.021. 31 Sec. RCW 42.17.020 and 2002 c 75 s 1 are each amended to readas follows: (1) "Agency" includes all state agencies and all local agencies."State agency" includes every state office, department, division,bureau, board, commission, or other state agency. "Local agency"includes every county, city, town, municipal corporation, quasimunicipal corporation, or special purpose district, or any office,department, division, bureau, board, commission, or agency thereof, orother local public agency. (2) "Authorized committee" means the political committee authorizedby a candidate, or by the public official against whom recall chargeshave been filed, to accept contributions or make expenditures on behalfof the candidate or public official. (3) "Ballot proposition" means any "measure" as defined by RCW((29.01.110)) 29A.04.091, or any initiative, recall, or referendumproposition proposed to be submitted to the voters of the state or anymunicipal corporation, political subdivision, or other votingconstituency from and after the time when the proposition has beeninitially filed with the appropriate election officer of thatconstituency prior to its circulation for signatures. (4) "Benefit" means a commercial, proprietary, financial, economic,or monetary advantage, or the avoidance of a commercial, proprietary,financial, economic, or monetary disadvantage. (5) "Bona fide political party" means: (a) An organization that has filed a valid certificate ofnomination with the secretary of state under chapter ((29.24)) 29A.20RCW; (b) The governing body of the state organization of a majorpolitical party, as defined in RCW ((29.01.090)) 29A.04.085, that isthe body authorized by the charter or bylaws of the party to exerciseauthority on behalf of the state party; or (c) The county central committee or legislative district committeeof a major political party. There may be only one legislative districtcommittee for each party in each legislative district. (6) "Depository" means a bank designated by a candidate orpolitical committee pursuant to RCW 42.17.050. (7) "Treasurer" and "deputy treasurer" mean the individualsappointed by a candidate or political committee, pursuant to RCW42.17.050, to perform the duties specified in that section. 32 (8) "Candidate" means any individual who seeks nomination forelection or election to public office. An individual seeks nominationor election when he or she first: (a) Receives contributions or makes expenditures or reserves spaceor facilities with intent to promote his or her candidacy for office; (b) Announces publicly or files for office; (c) Purchases commercial advertising space or broadcast time topromote his or her candidacy; or (d) Gives his or her consent to another person to take on behalf ofthe individual any of the actions in (a) or (c) of this subsection. (9) "Caucus political committee" means a political committeeorganized and maintained by the members of ((a major political partyin)) the majority caucus in the state senate or state house ofrepresentatives, or by the members of the minority caucus in the statesenate or state house of representatives. (10) "Commercial advertiser" means any person who sells the serviceof communicating messages or producing printed material for broadcastor distribution to the general public or segments of the general publicwhether through the use of newspapers, magazines, television and radiostations, billboard companies, direct mail advertising companies,printing companies, or otherwise. (11) "Commission" means the agency established under RCW 42.17.350. (12) "Compensation" unless the context requires a narrower meaning,includes payment in any form for real or personal property or servicesof any kind: PROVIDED, That for the purpose of compliance with RCW42.17.241, the term "compensation" shall not include per diemallowances or other payments made by a governmental entity to reimbursea public official for expenses incurred while the official is engagedin the official business of the governmental entity. (13) "Continuing political committee" means a political committeethat is an organization of continuing existence not established inanticipation of any particular election campaign. (14)(a) "Contribution" includes: (i) A loan, gift, deposit, subscription, forgiveness ofindebtedness, donation, advance, pledge, payment, transfer of fundsbetween political committees, or anything of value, including personaland professional services for less than full consideration; (ii) An expenditure made by a person in cooperation, consultation, 33 or concert with, or at the request or suggestion of, a candidate, apolitical committee, or their agents; (iii) The financing by a person of the dissemination, distribution,or republication, in whole or in part, of broadcast, written, graphic,or other form of political advertising prepared by a candidate, apolitical committee, or its authorized agent; (iv) Sums paid for tickets to fundraising events such as dinnersand parties, except for the actual cost of the consumables furnished atthe event. (b) "Contribution" does not include: (i) Standard interest on money deposited in a political committee'saccount; (ii) Ordinary home hospitality; (iii) A contribution received by a candidate or political committeethat is returned to the contributor within five business days of thedate on which it is received by the candidate or political committee; (iv) A news item, feature, commentary, or editorial in a regularlyscheduled news medium that is of primary interest to the generalpublic, that is in a news medium controlled by a person whose businessis that news medium, and that is not controlled by a candidate or apolitical committee; (v) An internal political communication primarily limited to themembers of or contributors to a political party organization orpolitical committee, or to the officers, management staff, orstockholders of a corporation or similar enterprise, or to the membersof a labor organization or other membership organization; (vi) The rendering of personal services of the sort commonlyperformed by volunteer campaign workers, or incidental expensespersonally incurred by volunteer campaign workers not in excess offifty dollars personally paid for by the worker. "Volunteer services,"for the purposes of this section, means services or labor for which theindividual is not compensated by any person; (vii) Messages in the form of reader boards, banners, or yard orwindow signs displayed on a person's own property or property occupiedby a person. However, a facility used for such political advertisingfor which a rental charge is normally made must be reported as an inkind contribution and counts towards any applicable contribution limitof the person providing the facility; (viii) Legal or accounting services rendered to or on behalf of: 34 (A) A political party or caucus political committee if the personpaying for the services is the regular employer of the person renderingsuch services; or (B) A candidate or an authorized committee if the person paying forthe services is the regular employer of the individual rendering theservices and if the services are solely for the purpose of ensuringcompliance with state election or public disclosure laws. (c) Contributions other than money or its equivalent are deemed tohave a monetary value equivalent to the fair market value of thecontribution. Services or property or rights furnished at less thantheir fair market value for the purpose of assisting any candidate orpolitical committee are deemed a contribution. Such a contributionmust be reported as an inkind contribution at its fair market valueand counts towards any applicable contribution limit of the provider. (15) "Elected official" means any person elected at a general orspecial election to any public office, and any person appointed to filla vacancy in any such office. (16) "Election" includes any primary, general, or special electionfor public office and any election in which a ballot proposition issubmitted to the voters: PROVIDED, That an election in which thequalifications for voting include other than those requirements setforth in Article VI, section 1 (Amendment 63) of the Constitution ofthe state of Washington shall not be considered an election forpurposes of this chapter. (17) "Election campaign" means any campaign in support of or inopposition to a candidate for election to public office and anycampaign in support of, or in opposition to, a ballot proposition. (18) "Election cycle" means the period beginning on the first dayof December after the date of the last previous general election forthe office that the candidate seeks and ending on November 30th afterthe next election for the office. In the case of a special election tofill a vacancy in an office, "election cycle" means the periodbeginning on the day the vacancy occurs and ending on November 30thafter the special election. (19) "Expenditure" includes a payment, contribution, subscription,distribution, loan, advance, deposit, or gift of money or anything ofvalue, and includes a contract, promise, or agreement, whether or notlegally enforceable, to make an expenditure. The term "expenditure"also includes a promise to pay, a payment, or a transfer of anything of 35 value in exchange for goods, services, property, facilities, oranything of value for the purpose of assisting, benefiting, or honoringany public official or candidate, or assisting in furthering oropposing any election campaign. For the purposes of this chapter,agreements to make expenditures, contracts, and promises to pay may bereported as estimated obligations until actual payment is made. Theterm "expenditure" shall not include the partial or complete repaymentby a candidate or political committee of the principal of a loan, thereceipt of which loan has been properly reported. (20) "Final report" means the report described as a final report inRCW 42.17.080(2). (21) "General election" for the purposes of RCW 42.17.640 means theelection that results in the election of a person to a state office.It does not include a primary. (22) "Gift," is as defined in RCW 42.52.010. (23) "Immediate family" includes the spouse, dependent children,and other dependent relatives, if living in the household. For thepurposes of RCW 42.17.640 through 42.17.790, "immediate family" meansan individual's spouse, and child, stepchild, grandchild, parent,stepparent, grandparent, brother, half brother, sister, or half sisterof the individual and the spouse of any such person and a child,stepchild, grandchild, parent, stepparent, grandparent, brother, halfbrother, sister, or half sister of the individual's spouse and thespouse of any such person. (24) "Independent expenditure" means an expenditure that has eachof the following elements: (a) It is made in support of or in opposition to a candidate foroffice by a person who is not (i) a candidate for that office, (ii) anauthorized committee of that candidate for that office, (iii) a personwho has received the candidate's encouragement or approval to make theexpenditure, if the expenditure pays in whole or in part for politicaladvertising supporting that candidate or promoting the defeat of anyother candidate or candidates for that office, or (iv) a person withwhom the candidate has collaborated for the purpose of making theexpenditure, if the expenditure pays in whole or in part for politicaladvertising supporting that candidate or promoting the defeat of anyother candidate or candidates for that office; (b) The expenditure pays in whole or in part for political 36 advertising that either specifically names the candidate supported oropposed, or clearly and beyond any doubt identifies the candidatewithout using the candidate's name; and (c) The expenditure, alone or in conjunction with anotherexpenditure or other expenditures of the same person in support of oropposition to that candidate, has a value of five hundred dollars ormore. A series of expenditures, each of which is under five hundreddollars, constitutes one independent expenditure if their cumulativevalue is five hundred dollars or more. (25)(a) "Intermediary" means an individual who transmits acontribution to a candidate or committee from another person unless thecontribution is from the individual's employer, immediate family asdefined for purposes of RCW 42.17.640 through 42.17.790, or anassociation to which the individual belongs. (b) A treasurer or a candidate is not an intermediary for purposesof the committee that the treasurer or candidate serves. (c) A professional fundraiser is not an intermediary if the fundraiser is compensated for fundraising services at the usual andcustomary rate. (d) A volunteer hosting a fundraising event at the individual'shome is not an intermediary for purposes of that event. (26) "Legislation" means bills, resolutions, motions, amendments,nominations, and other matters pending or proposed in either house ofthe state legislature, and includes any other matter that may be thesubject of action by either house or any committee of the legislatureand all bills and resolutions that, having passed both houses, arepending approval by the governor. (27) "Lobby" and "lobbying" each mean attempting to influence thepassage or defeat of any legislation by the legislature of the state ofWashington, or the adoption or rejection of any rule, standard, rate,or other legislative enactment of any state agency under the stateAdministrative Procedure Act, chapter 34.05 RCW. Neither "lobby" nor"lobbying" includes an association's or other organization's act ofcommunicating with the members of that association or organization. (28) "Lobbyist" includes any person who lobbies either in his orher own or another's behalf. (29) "Lobbyist's employer" means the person or persons by whom alobbyist is employed and all persons by whom he or she is compensatedfor acting as a lobbyist. 37 (30) "Person" includes an individual, partnership, joint venture,public or private corporation, association, federal, state, or localgovernmental entity or agency however constituted, candidate,committee, political committee, political party, executive committeethereof, or any other organization or group of persons, howeverorganized. (31) "Person in interest" means the person who is the subject of arecord or any representative designated by that person, except that ifthat person is under a legal disability, the term "person in interest"means and includes the parent or duly appointed legal representative. (32) "Political advertising" includes any advertising displays,newspaper ads, billboards, signs, brochures, articles, tabloids,flyers, letters, radio or television presentations, or other means ofmass communication, used for the purpose of appealing, directly orindirectly, for votes or for financial or other support in any electioncampaign. (33) "Political committee" means any person (except a candidate oran individual dealing with his or her own funds or property) having theexpectation of receiving contributions or making expenditures insupport of, or opposition to, any candidate or any ballot proposition. (34) "Primary" for the purposes of RCW 42.17.640 means theprocedure for ((nominating)) qualifying a candidate to state officeunder chapter ((29.18 or 29.21 RCW or any other primary for an electionthat uses, in large measure, the procedures established in chapter29.18 or 29.21)) 29A.52 RCW. (35) "Public office" means any federal, state, county, city, town,school district, port district, special district, or other statepolitical subdivision elective office. (36) "Public record" includes any writing containing informationrelating to the conduct of government or the performance of anygovernmental or proprietary function prepared, owned, used, or retainedby any state or local agency regardless of physical form orcharacteristics. For the office of the secretary of the senate and theoffice of the chief clerk of the house of representatives, publicrecords means legislative records as defined in RCW 40.14.100 and alsomeans the following: All budget and financial records; personnelleave, travel, and payroll records; records of legislative sessions;reports submitted to the legislature; and any other record designated 38 a public record by any official action of the senate or the house ofrepresentatives. (37) "Recall campaign" means the period of time beginning on thedate of the filing of recall charges under RCW ((29.82.015)) 29A.56.120and ending thirty days after the recall election. (38) "State legislative office" means the office of a member of thestate house of representatives or the office of a member of the statesenate. (39) "State office" means state legislative office or the office ofgovernor, lieutenant governor, secretary of state, attorney general,commissioner of public lands, insurance commissioner, superintendent ofpublic instruction, state auditor, or state treasurer. (40) "State official" means a person who holds a state office. (41) "Surplus funds" mean, in the case of a political committee orcandidate, the balance of contributions that remain in the possessionor control of that committee or candidate subsequent to the electionfor which the contributions were received, and that are in excess ofthe amount necessary to pay remaining debts incurred by the committeeor candidate prior to that election. In the case of a continuingpolitical committee, "surplus funds" mean those contributions remainingin the possession or control of the committee that are in excess of theamount necessary to pay all remaining debts when it makes its finalreport under RCW 42.17.065. (42) "Writing" means handwriting, typewriting, printing,photostating, photographing, and every other means of recording anyform of communication or representation, including, but not limited to,letters, words, pictures, sounds, or symbols, or combination thereof,and all papers, maps, magnetic or paper tapes, photographic films andprints, motion picture, film and video recordings, magnetic or punchedcards, discs, drums, diskettes, sound recordings, and other documentsincluding existing data compilations from which information may beobtained or translated. As used in this chapter, the singular shall take the plural and anygender, the other, as the context requires.NEW SECTION.Sec. (1) The subheadings in chapter 29A.52 RCW"PARTISAN PRIMARIES" AND "NONPARTISAN PRIMARIES" will be combined underone subheading "PRIMARIES." 39 (2) The subheading in chapter 29A.20 RCW "MINOR PARTY ANDINDEPENDENT CANDIDATE NOMINATIONS" will be changed to "MINOR ANDINDEPENDENT PRESIDENTIAL CANDIDATES." (3) The code reviser shall recaption RCW 29A.24.100 as "Filingpetition-Form." (4) The code reviser shall recaption RCW 29A.36.170 as "Candidatesqualified for the general election." (5) The code reviser shall recaption RCW 29A.52.320 as"Certification of candidates qualified to appear on the generalelection ballot." (6) The code reviser shall recaption RCW 29A.84.310 as "Candidacydeclarations, filing petitions, nominating petitions." (7) The code reviser shall recaption RCW 29A.84.710 as "Documentsregarding qualification, election, candidacy-Frauds and falsehoods."NEW SECTION.Sec. The following acts or parts of acts areeach repealed: RCW 29A.04.157 (September primary) and 2003 c 111 s 128; RCW 29A.20.110 (Definitions"Convention" and "electionjurisdiction") and 2003 c 111 s 505, 1977 ex.s. c 329 s 1, & 1965 c 9s 29.24.010; RCW 29A.20.130 (ConventionNotice) and 2003 c 111 s 507; RCW 29A.20.200 (Declarations of candidacy required,exceptionsPayment of fees) and 2003 c 111 s 514, 1990 c 59 s 103,1989 c 215 s 8, 1977 ex.s. c 329 s 7, & 1965 c 9 s 29.24.070; RCW 29A.24.200 (Lapse of election when no filing for singlepositionsEffect) and 2003 c 111 s 620; RCW 29A.24.210 (Vacancy in partisan elective officeSpecialfiling period) and 2003 c 111 s 621; RCW 29A.28.010 (Major party ticket) and 2003 c 111 s 701, 1990c 59 s 102, 1977 ex.s. c 329 s 12, & 1965 c 9 s 29.18.150; RCW 29A.28.020 (Death or disqualificationCorrecting ballotsCounting votes already cast) and 2003 c 111 s 702, 2001 c 46 s 4, &1977 ex.s. c 329 s 13; RCW 29A.36.190 (Partisan candidates qualified for generalelection) and 2003 c 111 s 919; RCW 29A.52.130 (Blanket primary authorized) and 2003 c 111 s1304; and 40 RCW 29A.04.903 (Effective date2003 c 111) and 2003 c 111 s2405.NEW SECTION.Sec. If any provision of this act or itsapplication to any person or circumstance is held invalid, theremainder of the act or the application of the provision to otherpersons or circumstances is not affected.NEW SECTION.Sec. This act is necessary for the immediatepreservation of the public peace, health, or safety, or support of thestate government and its existing public institutions, and takes effectimmediately.SB 6453S AMD757By Senators Carlson, HargroveADOPTED 03/02/2004 On page 1, line 1 of the title, after Relating to strike theremainder of the title and insert a qualifying primary; amending RCW29A.04.085, 29A.04.127, 29A.04.310, 29A.20.020, 29A.20.120, 29A.20.140,29A.20.150, 29A.20.160, 29A.20.170, 29A.20.180, 29A.20.190, 29A.24.030,29A.24.080, 29A.24.090, 29A.24.100, 29A.24.110, 29A.24.140, 29A.24.150,29A.24.160, 29A.24.170, 29A.24.180, 29A.24.190, 29A.24.310, 29A.28.040,29A.28.060, 29A.32.030, 29A.36.010, 29A.36.070, 29A.36.100, 29A.36.170,29A.36.200, 29A.52.010, 29A.52.110, 29A.52.230, 29A.52.320, 29A.52.350,29A.60.020, 29A.60.220, 29A.64.010, 29A.64.020, 29A.64.040, 29A.64.060,29A.64.080, 29A.68.010, 29A.80.010, 29A.84.260, 29A.84.310, 29A.84.710,and 42.17.020; reenacting and amending RCW 29A.32.120; adding newsections to chapter 29A.52 RCW; adding a new section to chapter 29A.04RCW; adding a new section to chapter 29A.24 RCW; adding a new sectionto chapter 29A.28 RCW; creating a new section; repealing RCW29A.04.157, 29A.20.110, 29A.20.130, 29A.20.200, 29A.24.200, 29A.24.210,29A.28.010, 29A.28.020, 29A.36.190, 29A.52.130, and 29A.04.903; anddeclaring an emergency.--- END --- 41