BILL REQ. #:  S-0095.1 

Read first time 01/12/2007.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to eliminating a primary election for nonpartisan offices in which only two candidates file for election; and amending RCW 29A.36.171 and 29A.52.220.

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

Sec. 1   RCW 29A.36.171 and 2004 c 271 s 170 are each amended to read as follows:
     (((1))) Except as provided in RCW 29A.36.180 ((and in subsection (2) of this section)), on the ballot at the general election for a nonpartisan office for which a primary was held, only the names of the candidate who received the greatest number of votes and the candidate who received the next greatest number of votes for that office shall appear under the title of that office, and the names shall appear in that order. If a primary was conducted, no candidate's name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast for that office at the preceding primary. On the ballot at the general election for any other nonpartisan office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW 29A.36.131.
     (((2) On the ballot at the general election for the office of justice of the supreme court, judge of the court of appeals, judge of the superior court, judge of the district court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that office or position, only the name of that candidate may be printed under the title of the office for that position.))

Sec. 2   RCW 29A.52.220 and 2005 c 153 s 10 are each amended to read as follows:
     (1) No primary may be held for any single position in any city, town, district, or district court, as required by RCW 29A.52.210, if, after the last day allowed for candidates to withdraw, there are no more than two candidates filed for the position. The county auditor shall, as soon as possible, notify all the candidates so affected that the office for which they filed will not appear on the primary ballot.
     (2) No primary may be held for nonpartisan offices in any first class city if the city:
     (a) Is a qualifying city that has been certified to participate in the pilot project authorized by RCW 29A.53.020; and
     (b) Is conducting an election using the instant runoff voting method for the pilot project authorized by RCW 29A.53.020.
     (c) This subsection (2) expires July 1, 2013.
     (3) No primary may be held for the office of commissioner of a park and recreation district or for the office of cemetery district commissioner.
     (4) No primary may be held for a single position for a nonpartisan office specified in RCW 29A.52.231 if, after the last day allowed for candidates to withdraw, there are no more than two candidates filed for the position. The secretary of state or county auditor shall, as soon as possible, notify all candidates so affected that the office for which they filed will not appear on the primary ballot.
     (5) Names of candidates for offices that do not appear on the primary ballot shall be printed upon the general election ballot in the manner specified by RCW 29A.36.131.