BILL REQ. #:  S-0670.1 

Read first time 01/18/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to changing primary dates and associated election procedures; amending RCW 29A.04.311, 29A.20.121, 29A.24.050, 29A.24.131, 29A.24.171, 29A.24.201, and 29A.28.011; repealing RCW 29A.04.158 and 29A.24.200; and providing an effective date.

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

Sec. 1   RCW 29A.04.311 and 2004 c 271 s 105 are each amended 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 the third Tuesday of the preceding ((September or on the seventh Tuesday immediately preceding such general election, whichever occurs first)) August.

Sec. 2   RCW 29A.20.121 and 2004 c 271 s 110 are each amended to read as follows:
     (1) Any nomination of a candidate for partisan public office by other than a major political party may be made only: (a) In a convention held not earlier than the ((last)) fourth Saturday in ((June)) May and not later than the first Saturday in ((July)) June or during any of the seven days immediately preceding the first day for filing declarations of candidacy as fixed in accordance with RCW 29A.28.041; (b) as provided by RCW 29A.60.021; or (c) as otherwise provided in this section. Minor political party and independent candidates may appear only on the general election ballot.
     (2) Nominations of candidates for president and vice president of the United States other than by a major political party may be made either at a convention conducted under subsection (1) of this section, or at a similar convention taking place not earlier than the first Sunday in July and not later than seventy days before the general election. Conventions held during this time period may not nominate candidates for any public office other than president and vice president of the United States, except as provided in subsection (3) of this section.
     (3) If a special filing period for a partisan office is opened under RCW 29A.24.211, candidates of minor political parties and independent candidates may file for office during that special filing period. The names of those candidates may not appear on the general election ballot unless they are nominated by convention held no later than five days after the close of the special filing period and a certificate of nomination is filed with the filing officer no later than three days after the convention. The requirements of RCW 29A.20.131 do not apply to such a convention.
     (4) A minor political party may hold more than one convention but in no case shall any such party nominate more than one candidate for any one partisan public office or position. For the purpose of nominating candidates for the offices of president and vice president, United States senator, United States representative, or a statewide office, a minor party or independent candidate holding multiple conventions may add together the number of signatures of different individuals from each convention obtained in support of the candidate or candidates in order to obtain the number required by RCW 29A.20.141. For all other offices for which nominations are made, signatures of the requisite number of registered voters must be obtained at a single convention.

Sec. 3   RCW 29A.24.050 and 2003 c 111 s 605 are each amended to read as follows:
     (1) Except where otherwise provided by this title, declarations of candidacy for the following offices shall be filed with the filing officer during the regular filing period, which is during regular business hours ((with the filing officer no earlier than)) for five days beginning on the ((fourth)) third Monday in ((July and no later than)) June and ending on the following Friday in the year in which the office is scheduled to be voted upon:
     (((1))) (a) Offices that are scheduled to be voted upon for full terms or both full terms and short terms at, or in conjunction with, a state general election; and
     (((2))) (b) Offices where a vacancy, other than a short term, exists that has not been filled by election and for which an election to fill the vacancy is required in conjunction with the next state general election.
     (2) If an eligible person has not filed a declaration of candidacy for a nonpartisan office during the regular filing period, the filing officer shall open a special filing period for declarations of candidacy for that office. This special filing period must be held during regular business hours for three consecutive days beginning on the first Monday after the close of the regular filing period and ending on the following Wednesday. If an eligible person has not filed for the nonpartisan office during this special filing period, the election is lapsed under RCW 29A.24.201.
     (3) If an eligible person has not filed a declaration of candidacy as a member of a major political party for a partisan office during the regular filing period, the filing officer shall open a special filing period for declarations of candidacy as a member of that major political party for that office. This special filing period must be held during regular business hours for three consecutive days beginning on the first Monday after the close of the regular filing period and ending on the following Wednesday. If an eligible person has not filed as a candidate of that major political party for that partisan office during this special filing period, the major political party may select and certify a nominee under RCW 29A.28.011.
     (4) Notice of a special filing period must be given by notifying press, radio, and television in the county and by such other means as provided by law.
     (5) This section supersedes all other statutes that provide for a different filing period for these offices.

Sec. 4   RCW 29A.24.131 and 2004 c 271 s 115 are each amended to read as follows:
     A candidate who filed for office during the regular filing period may withdraw his or her declaration of candidacy at any time before the close of regular business hours on the ((Thursday following the)) last day ((for candidates to file)) of the special filing period under RCW 29A.24.050 by filing, with the officer with whom the declaration of candidacy was filed, a signed request that his or her name not be printed on the ballot. ((There shall be no withdrawal period for declarations of candidacy filed during special filing periods held under this title.)) The filing officer may permit the withdrawal of a filing for the office of precinct committee officer at the request of the candidate at any time if no absentee ballots have been issued for that office and the ballots for that precinct have not been printed. The filing officer may permit the withdrawal of a filing for any elected office of a city, town, or special district at the request of the candidate at any time before a primary if the primary ballots for that city, town, or special district have not been ordered. No filing fee may be refunded to any candidate who withdraws under this section. Notice of the deadline for withdrawal of candidacy and that the filing fee is not refundable shall be given to each candidate at the time he or she files.

Sec. 5   RCW 29A.24.171 and 2004 c 271 s 165 are each amended to read as follows:
     Filings for a nonpartisan office shall be reopened after the special filing period for a period of three normal business days, such three-day period to be fixed by the election officer with whom such declarations of candidacy are filed and notice thereof given by notifying press, radio, and television in the county and by such other means as may now or hereafter be provided by law, whenever before the sixth Tuesday prior to a primary:
     (1) A void in candidacy occurs for an office where one or more eligible persons had filed for the office during the regular or special filing period;
     (2) A vacancy occurs in any nonpartisan office leaving an unexpired term to be filled by an election for which filings have not been held; or
     (3) A nominee for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29, Amendment 41 of the state Constitution, dies or is disqualified.
     Candidacies validly filed within ((said)) this three-day period shall appear on the ballot as if made during the earlier regular or special filing period.

Sec. 6   RCW 29A.24.201 and 2004 c 271 s 190 are each amended to read as follows:
     If after ((both the normal)) the regular filing period ((and)), special filing period, and an additional three-day filing period ((as)) provided by RCW 29A.24.171 and 29A.24.181 have passed, no candidate has filed for any single city, town, or district position to be filled, the election for ((such)) that position shall be deemed lapsed, the office deemed stricken from the ballot, and no write-in votes counted. In such instance, the incumbent occupying such position shall remain in office and continue to serve until a successor is elected at the next election when such positions are voted upon.

Sec. 7   RCW 29A.28.011 and 2004 c 271 s 191 are each amended to read as follows:
     If a place on the ticket of a major political party is vacant because no person has filed for nomination as the candidate of that major political party, after the last day allowed for candidates to withdraw as provided by RCW 29A.24.131, ((and if the vacancy is for a state or county office to be voted on solely by the electors of a single county,)) the county central committee of the major political party may select and certify a candidate to fill the vacancy. If the vacancy is for ((any other)) a state or county office to be voted on solely by the voters of a single county, or the state central committee of the major political party may select and certify a candidate to fill the vacancy if the vacancy is for any other office.
     The certificate must set forth the cause of the vacancy, the name of the person nominated, the office for which the person is nominated, and other pertinent information required in an ordinary certificate of nomination and be filed in the proper office no later than the first Friday after the ((last day allowed for candidates to withdraw)) close of the regular filing period, together with the candidate's fee applicable to that office and a declaration of candidacy.

NEW SECTION.  Sec. 8   The following acts or parts of acts are each repealed:
     (1) RCW 29A.04.158 (September primary) and 2004 c 271 s 187; and
     (2) RCW 29A.24.200 (Lapse of election when no filing for single positions -- Effect) and 2003 c 111 s 620.

NEW SECTION.  Sec. 9   This act takes effect January 1, 2006.