BILL REQ. #:  S-0918.1 

Read first time 01/26/09.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to the use of ranked choice voting in primary elections; amending RCW 29A.52.112, 29A.52.141, 29A.52.161, 29A.52.210, 29A.52.220, 29A.53.010, 29A.53.020, 29A.53.030, 29A.53.040, 29A.53.050, 29A.53.070, 29A.53.080, and 29A.53.090; and repealing RCW 29A.53.900.

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

Sec. 1   RCW 29A.52.112 and 2005 c 2 s 7 are each amended to read as follows:
     (1) A primary is a first stage in the public process by which voters elect candidates to public office.
     (2) Whenever candidates for a partisan office are to be elected, the general election must be preceded by a primary conducted under this chapter. The primary shall be conducted using the ranked choice voting format described in chapter 29A.53 RCW. Based upon votes cast at the primary, after one candidate has received a majority of the votes during a counting stage, the ((top)) two candidates with the largest number of votes will be certified as qualified to appear on the general election ballot, unless only one candidate qualifies as provided in RCW 29A.36.170.
     (3) For partisan office, if a candidate has expressed a party or independent preference on the declaration of candidacy, then that preference will be shown after the name of the candidate on the primary and general election ballots by appropriate abbreviation as set forth in rules of the secretary of state. A candidate may express no party or independent preference. Any party or independent preferences are shown for the information of voters only and may in no way limit the options available to voters.

Sec. 2   RCW 29A.52.141 and 2004 c 271 s 141 are each amended to read as follows:
     Instructions for voting a consolidated ballot or a physically separate ballot, whichever is applicable, together with instructions for completing the ballot using the ranked choice voting procedure, must appear, at the very least, in:
     (1) Any primary voters' pamphlet prepared by the secretary of state or a local government if a partisan office will appear on the ballot;
     (2) Instructions that accompany any partisan primary ballot;
     (3) Any notice of a partisan primary published in compliance with RCW 29A.52.311;
     (4) A sample ballot prepared by a county auditor under RCW 29A.36.151 for a partisan primary;
     (5) The web site of the office of the secretary of state and any existing web site of a county auditor's office; and
     (6) Every polling place.

Sec. 3   RCW 29A.52.161 and 2004 c 271 s 144 are each amended to read as follows:
     Nothing in this chapter may be construed to mean that a voter may cast more than one vote for candidates for a given office. For the purposes of ranked choice voting, votes cast on a single ballot for different candidates for an office constitute a single vote.

Sec. 4   RCW 29A.52.210 and 2003 c 111 s 1305 are each amended to read as follows:
     All city and town primaries shall be nonpartisan. Primaries for special purpose districts, except those districts that require ownership of property within the district as a prerequisite to voting, shall be nonpartisan. City, town, and district primaries shall be held as provided in RCW ((29A.04.310)) 29A.04.311.
     The purpose of this section is to establish the holding of a primary, subject to the exemptions in RCW 29A.52.220, as a uniform procedural requirement to the holding of city, town, and district elections. These provisions supersede any and all other statutes, whether general or special in nature, having different election requirements.
     All primaries conducted under this section shall use the ranked choice voting procedures described in chapter 29A.53 RCW. Based upon votes cast at the primary, after one candidate has received a majority of the votes during a counting stage, the two candidates with the largest number of votes will be certified as qualified to appear on the general election ballot.

Sec. 5   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))) (3) 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.

Sec. 6   RCW 29A.53.010 and 2005 c 153 s 1 are each amended to read as follows:
     (1) The legislature finds that it is in the public interest to examine the use of a voting system that requires all victorious candidates to be elected with a majority vote rather than a plurality of effective votes, and that allows voters to designate secondary and other preferences for potential tabulation if their first choice candidate does not receive a majority of the votes cast. The legislature recognizes that the system known as ((instant runoff)) ranked choice voting achieves these purposes.
     (2) The legislature wishes to examine whether voter interest and participation in elections will increase when instant ((runoff voting)) ranked choice, a voting method that promotes additional voter choices and a more meaningful recognition of all voter selections, is used to elect nonpartisan candidates. The legislature declares that it is in the interest of participatory democracy for voters to be given the opportunity to vote for their first choice candidate while still making effective secondary choices among the remaining candidates.
     (3) The legislature therefore intends to authorize a limited pilot project to study the effects of using instant ((runoff voting)) ranked choice as a local option for nonpartisan offices in any qualifying city.
     (4) Any county qualifying for implementation of a ranked choice voting pilot project for its general election need not conduct a primary for the offices being determined by ranked choice voting.

Sec. 7   RCW 29A.53.020 and 2005 c 153 s 2 are each amended to read as follows:
     The legislature intends to establish ((an instant runoff)) a ranked choice voting pilot project to be completed by willing state and local election administrators in full partnership and cooperation.
     If the county auditor of a county containing any city that has demonstrated support for ((instant runoff)) ranked choice voting, as provided by subsection (1)(((c)))(b) of this section, provides written notification of pilot project participation to the secretary of state ((by January 1, 2007)), the secretary of state shall conduct a pilot project to examine the use of ((instant runoff)) ranked choice voting as a local option for nonpartisan offices in any qualifying city in that county. Following the timely receipt by the secretary of state of the written notification, the pilot project must begin by August 1, ((2008)) 2010, and conclude no later than July 1, 2013.
     (1) For the purposes of this chapter, a qualifying city must:
     (a) Be classified as a first-class city as defined by chapter 35.22 RCW; and
     (b) ((Have a population greater than one hundred forty thousand and less than two hundred thousand as of July 24, 2005, as determined by the office of financial management; and
     (c))) Have demonstrated support for ((instant runoff)) ranked choice voting by approving a city charter amendment authorizing the city council to use ((instant runoff)) ranked choice voting for the election of city officers.
     (2)(a) Following the timely receipt by the secretary of state of a notification of participation from a county auditor, and in accordance with the provisions of this section, the secretary of state shall certify at least one city in that county to qualify and participate in the pilot project. Only a qualifying city or cities certified for participation by the secretary of state may participate in the pilot project.
     (b) The county auditor of a county containing a qualifying and certified city who has submitted a timely notification of participation shall participate in the pilot project.
     (3) Elections conducted under the ((instant runoff)) ranked choice voting method for the pilot project must comply with this chapter and may be held only on the dates specified by RCW 29A.04.330(1).
     (4) For the purpose of implementing this chapter, the secretary of state shall develop and adopt:
     (a) Rules governing the conduct of ((instant runoff)) ranked choice voting elections; and
     (b) A pilot project timeline. The secretary of state may consult with appropriate local officials to develop this timeline. The timeline is subject to review and modification by the secretary of state, as necessary.
     (5) All election equipment and related processes shall be certified by the secretary of state before an election may be conducted under the ((instant runoff)) ranked choice voting method.
     (6) The secretary of state shall submit a report of findings to the appropriate committees of the legislature by July 1, 2013, that includes, but is not limited to:
     (a) An assessment of all elections conducted using the ((instant runoff)) ranked choice voting method;
     (b) Recommendations for statutory, rule, and local voting procedural modifications that would be required prior to implementing ((instant runoff)) ranked choice voting as a permanent alternative election method for special and general elections;
     (c) An inventory of available election equipment necessary for conducting elections under the ((instant runoff)) ranked choice voting method, including costs associated with the equipment; and
     (d) Any recommendations from any city legislative body or county auditor participating in this pilot project.

Sec. 8   RCW 29A.53.030 and 2005 c 153 s 3 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Candidates who remain" means all candidates who have not been eliminated at a previous stage.
     (2) "Choice" means an indication on a ballot of a voter's ranking of candidates for any single office according to the voter's preference.
     (3) "Continuing ballot" means a ballot that is not exhausted.
     (4) "Exhausted ballot" means a ballot on which all indicated choices have become votes for the candidates so designated or when the ballot contains only choices for eliminated candidates.
     (5) (("Instant runoff)) "Ranked choice voting" means a system of voting in which voters may designate as many as three candidates for the same office in order of preference by indicating a first choice, a second choice, and a third choice.
     (6) "Last place candidate" means a candidate who has received the fewest votes among the candidates who remain at any stage. Two or more candidates simultaneously become last place candidates when their combined votes are equal to or fewer than all votes for the candidate with the third highest vote total.
     (7) "Next choice" means the highest ranked choice for a remaining candidate that has not become a vote at a previous stage.
     (8) "Remaining candidate" means a candidate who has not been eliminated.
     (9) "Stage" or "stage in the counting" means a step in the counting process during which votes for all remaining candidates are tabulated for the purpose of determining whether a candidate has achieved a majority of the votes cast for a particular office, and, absent a majority, which candidate or candidates must be eliminated.
     (10) "Vote" means a ballot choice that is counted toward election of a candidate. Except as provided by RCW 29A.53.050 and 29A.53.060, all first choices are votes. Lower ranked choices are potential votes that may, in accordance with the requirements of this chapter, be credited to and become votes for a candidate.

Sec. 9   RCW 29A.53.040 and 2005 c 153 s 4 are each amended to read as follows:
     To the extent they are not inconsistent with this chapter, the laws governing elections apply to the pilot project on ((instant runoff)) ranked choice voting authorized by this chapter. The authority of a city meeting the criteria of RCW 29A.53.020 and 29A.53.070 to participate in an election conducted under the ((instant runoff)) ranked choice voting method expires on July 1, 2013.

Sec. 10   RCW 29A.53.050 and 2005 c 153 s 5 are each amended to read as follows:
     The following provisions, subject to the conditions of RCW 29A.53.060, govern how votes for candidates for each office shall be tabulated under the ((instant runoff)) ranked choice voting method:
     (1) All first choice votes cast for the office shall be tabulated in the first counting stage. If, following this first counting stage, a candidate receives a majority of the votes cast for the office, that candidate is deemed elected to the office and counting ends;
     (2) If no candidate receives a majority of the votes cast for the office during the first counting stage, the second counting stage begins by eliminating the last place candidate for that office. On ballots that indicate a first choice preference for the eliminated candidate, the second choice preferences are counted as votes for the candidates so designated. If, following this second counting stage, a candidate receives a majority of the votes cast for the office, that candidate is deemed elected to the office and counting ends;
     (3) If, following the second counting stage, no candidate receives a majority of the votes cast for the office, the third counting stage begins by eliminating the last place candidate for that office. On ballots that indicate a first choice preference for the eliminated candidate, the next choice preferences are counted as votes for the candidates so designated. If, following this third counting stage, a candidate receives a majority of votes cast for the office, that candidate is deemed elected to the office and counting ends;
     (4) If, following the third counting stage, no candidate receives a majority of the votes cast for the office, the counting process provided by subsection (3) of this section continues in succession until either a candidate receives a majority of the votes cast for the office or all but one candidate has been eliminated. In accordance with the provisions of this subsection, a candidate who receives either a majority of the votes cast for the office or who is the sole remaining candidate shall be deemed elected to the office; and
     (5) If at any stage in the counting process there are two or more last place candidates for the office, these candidates must be eliminated simultaneously. On ballots that indicate a first choice preference for the eliminated candidates, the next choice preferences shall be counted as votes for the candidates so designated.

Sec. 11   RCW 29A.53.070 and 2005 c 153 s 7 are each amended to read as follows:
     (1) In accordance with the provisions of RCW 29A.53.020, the legislative body of a qualifying city may, for a specific election or elections, adopt ((instant runoff)) ranked choice voting as the method for electing candidates for all nonpartisan city offices.
     (2)(a) After adoption of ((instant runoff)) ranked choice voting by the legislative body of a qualifying city for a specific election or elections as provided for by subsection (1) of this section, the city shall, before conducting an election using the ((instant runoff)) ranked choice voting method, notify the county auditor and the secretary of state of its intent to hold such an election.
     (b) If the county auditor notifies the city that existing election equipment of the county is insufficient for conducting an election under the ((instant runoff)) ranked choice voting method, the city and the auditor shall negotiate an agreement for the purchase of any new equipment specifically required for this election method. Nothing in this subsection precludes the auditor from canvassing the returns of ((an instant runoff)) a ranked choice voting election by hand.
     (3) The date of any election conducted under the ((instant runoff)) ranked choice voting method must be consistent with the timeline required by RCW 29A.53.020.

Sec. 12   RCW 29A.53.080 and 2005 c 153 s 8 are each amended to read as follows:
     Ballots for elections conducted under the ((instant runoff)) ranked choice voting method should be clear and easily understood. Sample ballots illustrating voting procedures must be posted in or near voting booths and included within instruction packets for absentee ballots. Directions provided to voters must conform substantially to the following specifications:

     "You may choose a maximum of three candidates for each office in order of preference. Indicate your first choice designation by marking the number "1" beside a candidate's name (or by marking in the column labeled "First Choice"). Indicate your second choice designation by marking the number "2" beside a candidate's name (or by marking in the column labeled "Second Choice"). Indicate your third choice designation by marking the number "3" beside a candidate's name (or by marking in the column labeled "Third Choice"). You are not required to choose more than one candidate for each office. Designating two or more candidates in order of preference will not affect your first choice designation. Do not mark the same designation number beside more than one candidate or put more than one mark in each column for the office on which you are voting. Do not skip designation numbers."

Sec. 13   RCW 29A.53.090 and 2005 c 153 s 9 are each amended to read as follows:
     Participating state and local election officials may provide for voting directions and the design, processing, and tabulation of ((instant runoff)) ranked choice voting ballots used in the pilot project authorized by RCW 29A.53.020. State and local actions must be consistent with the provisions of this chapter.
     Election officials should provide voters with a ballot that has a distinctive design, format, or layout for offices to which ((instant runoff)) ranked choice voting applies. Ballot sections for contests that have fewer than three candidates for the same office, however, may differ from ballot sections for which the ((instant runoff)) ranked choice voting method applies.

NEW SECTION.  Sec. 14   RCW 29A.53.900 (Expiration date) and 2005 c 153 s 13 are each repealed.