BILL REQ. #:  Z-0476.2 

Read first time 01/28/09.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to updating election laws with a top two primary election system; amending RCW 29A.04.008, 29A.04.086, 29A.04.097, 29A.04.128, 29A.04.133, 29A.04.216, 29A.04.311, 29A.08.161, 29A.12.080, 29A.20.021, 29A.20.121, 29A.20.131, 29A.20.141, 29A.24.031, 29A.24.081, 29A.24.101, 29A.24.141, 29A.24.151, 29A.24.161, 29A.24.171, 29A.24.181, 29A.24.191, 29A.24.311, 29A.28.041, 29A.28.061, 29A.28.071, 29A.32.031, 29A.32.032, 29A.32.121, 29A.32.241, 29A.36.011, 29A.36.071, 29A.36.101, 29A.36.121, 29A.36.131, 29A.36.151, 29A.36.161, 29A.36.201, 29A.40.091, 29A.44.201, 29A.44.221, 29A.48.020, 29A.52.011, 29A.52.210, 29A.52.231, 29A.52.321, 29A.52.351, 29A.56.040, 29A.60.021, 29A.60.221, 29A.64.011, 29A.64.021, 29A.64.041, 29A.64.061, 29A.64.081, 29A.68.011, 29A.80.020, 29A.80.041, 29A.80.051, 29A.84.261, 29A.84.311, 29A.84.711, 42.17.020, 42.17.040, 42.17.093, and 42.17.510; reenacting and amending RCW 29A.36.170, 29A.52.112, and 42.12.040; adding a new section to chapter 29A.24 RCW; and repealing RCW 29A.04.310, 29A.20.201, 29A.24.030, 29A.24.210, 29A.24.211, 29A.28.011, 29A.28.021, 29A.32.036, 29A.36.010, 29A.36.104, 29A.36.106, 29A.36.171, 29A.36.191, 29A.52.106, 29A.52.111, 29A.52.116, 29A.52.141, 29A.52.151, and 29A.80.011.

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

Sec. 1   RCW 29A.04.008 and 2007 c 38 s 1 are each amended to read as follows:
     As used in this title:
     (1) "Ballot" means, as the context implies, either:
     (a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;
     (b) A facsimile of the contents of a particular ballot whether printed on a paper ballot or ballot card or as part of a voting machine or voting device;
     (c) A physical or electronic record of the choices of an individual voter in a particular primary, general election, or special election; or
     (d) The physical document on which the voter's choices are to be recorded;
     (2) "Paper ballot" means a piece of paper on which the ballot for a particular election or primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually;
     (3) "Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure and that is to be tabulated on a vote tallying system;
     (4) "Sample ballot" means a printed facsimile of all the issues and offices on the ballot in a jurisdiction and is intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general election, or special election;
     (5) "Provisional ballot" means a ballot issued at the polling place on election day by the precinct election board to a voter who would otherwise be denied an opportunity to vote a regular ballot, for any reason authorized by the Help America Vote Act, including but not limited to the following:
     (a) The voter's name does not appear in the poll book;
     (b) There is an indication in the poll book that the voter has requested an absentee ballot, but the voter wishes to vote at the polling place;
     (c) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote;
     (d) Any other reason allowed by law((;
     (6) "Party ballot" means a primary election ballot specific to a particular major political party that lists all candidates for partisan office who affiliate with that same major political party, as well as the nonpartisan races and ballot measures to be voted on at that primary;
     (7) "Nonpartisan ballot" means a primary election ballot that lists all nonpartisan races and ballot measures to be voted on at that primary)).

Sec. 2   RCW 29A.04.086 and 2004 c 271 s 103 are each amended to read as follows:
     "Major political party" means a political party ((of which at least one nominee for president, vice president, United States senator, or a statewide office)) whose nominees for president and vice president of the United States received at least ((five)) one percent of the total votes cast in the state at the last preceding ((state general)) presidential election ((in an even-numbered year)). A political party qualifying as a major political party under this section retains such status until the next ((even-year)) presidential election at which ((a candidate)) nominees of that party ((does)) do not achieve at least ((five)) one percent of the votes ((for one of the previously specified offices. If none of these offices appear on the ballot in an even-year general election, the major party retains its status as a major party through that election. However, a political party of which no nominee received at least ten percent of the total vote cast may forgo its status as a major political party by filing with the secretary of state an appropriate party rule within sixty days of attaining major party status under this section, or within fifteen days of June 10, 2004, whichever is later)).

Sec. 3   RCW 29A.04.097 and 2003 c 111 s 116 are each amended to read as follows:
     "Minor political party" means ((a political organization other than a major political party)) an organization that submitted to the secretary of state a petition bearing the valid signatures of at least one hundred registered voters. The petition must be in a form prescribed by the secretary of state, include the name and contact information of the political party, be circulated no earlier than the first day of December in an odd-numbered year, and be submitted no later than the first Monday of March in the following even-numbered year. Once submitted, the secretary of state must approve or reject the sufficiency of the petition within five business days. If approved as sufficient, the organization retains its status as a minor political party until March 31st of the next even-numbered year.

Sec. 4   RCW 29A.04.128 and 2004 c 271 s 152 are each amended to read as follows:
     "Primary" or "primary election" means a statutory procedure for ((nominating candidates to public office at the polls)) qualifying candidates for public office to appear on the general election ballot.

Sec. 5   RCW 29A.04.133 and 2007 c 374 s 1 are each amended to read as follows:
     "Qualified" when pertaining to a winner of ((an)) a general election means that for such election:
     (1) The results have been certified;
     (2) Any required bond has been posted; and
     (3) The winner has taken and subscribed an oath or affirmation in compliance with the appropriate statute, or if none is specified, that he or she will faithfully and impartially discharge the duties of the office to the best of his or her ability. This oath or affirmation shall be administered and certified by any officer or notary public authorized to administer oaths, without charge therefor.
     "Qualified" when pertaining to the candidates in a primary means that such persons received either the highest or second highest number of votes in that race in the primary and are eligible to be placed on the general election ballot.

Sec. 6   RCW 29A.04.216 and 2004 c 271 s 104 are each amended to read as follows:
     The county auditor of each county shall be ex officio the supervisor of all primaries and elections, general or special, and it shall be the county auditor's duty to provide places for holding such primaries and elections; to appoint the precinct election officers and to provide for their compensation; to provide the supplies and materials necessary for the conduct of elections to the precinct election officers; and to publish and post notices of calling such primaries and elections in the manner provided by law. ((The notice of a primary held in an even-numbered year must indicate that the office of precinct committee officer will be on the ballot.)) The auditor shall also apportion to each city, town, or district, and to the state of Washington in the odd-numbered year, its share of the expense of such primaries and elections. This section does not apply to general or special elections for any city, town, or district that is not subject to RCW 29A.04.321 and 29A.04.330, but all such elections must be held and conducted at the time, in the manner, and by the officials (with such notice, requirements for filing for office, and certifications by local officers) as provided and required by the laws governing such elections.

Sec. 7   RCW 29A.04.311 and 2006 c 344 s 1 are each amended to read as follows:
     ((Nominating)) Qualifying 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 August.

Sec. 8   RCW 29A.08.161 and 2004 c 271 s 107 are each amended to read as follows:
     No record may be created or maintained by a state or local governmental agency or a political organization that identifies a voter with the information marked on the voter's ballot, ((including the choice that a voter makes on a partisan primary ballot regarding political party affiliation)) except as allowed by RCW 29A.56.050.

Sec. 9   RCW 29A.12.080 and 2006 c 207 s 2 are each amended to read as follows:
     No voting device shall be approved by the secretary of state unless it:
     (1) Secures to the voter secrecy in the act of voting;
     (2) Permits the voter to vote for any person for any office and upon any measure that he or she has the right to vote for;
     (3) ((Permits the voter to vote for all the candidates of one party;
     (4))) Correctly registers all votes cast for any and all persons and for or against any and all measures;
     (((5))) (4) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting device or vote tally system except when voting for president and vice president of the United States; and
     (((6))) (5) Except for functions or capabilities unique to this state, has been tested and certified by an independent testing authority designated by the United States election assistance commission.

Sec. 10   RCW 29A.20.021 and 2004 c 271 s 153 are each amended to read as follows:
     (1) A person filing a declaration of candidacy for an office shall, at the time of filing, be a registered voter and possess the qualifications specified by law for persons who may be elected to the office.
     (2) Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, no person may file for more than one office.
     (3) The name of a candidate for an office shall not appear on a ballot for that office unless, except as provided in RCW 3.46.067 and 3.50.057, the candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to vote in the geographic area represented by the office. For the purposes of this section, each geographic area in which registered voters may cast ballots for an office is represented by that office. If a person elected to an office must be ((nominated)) qualified from a district or similar division of the geographic area represented by the office, the name of a candidate for the office shall not appear on a primary ballot for that office unless the candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to vote in that district or division. The officer with whom declarations of candidacy must be filed under this title shall review each such declaration filed regarding compliance with this subsection.
     (4) The requirements of voter registration and residence within the geographic area of a district at the time of filing a declaration of candidacy do not apply to candidates for congressional office. Qualifications for the United States congress are specified in the United States Constitution.

Sec. 11   RCW 29A.20.121 and 2006 c 344 s 4 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 first Saturday in May and not later than the second Saturday in May 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 for president and vice president of the United States 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)) shall be made ((either at a convention conducted under subsection (1) of this section, or)) at a ((similar)) convention ((taking place)) to be held not earlier than the first Saturday in June and not later than the fourth Saturday in July. ((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 political party or independent candidate ((holding multiple conventions)) may hold more than one convention and 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. 12   RCW 29A.20.131 and 2004 c 271 s 189 are each amended to read as follows:
     Each minor party or independent candidate seeking nomination for president or vice president of the United States must publish a notice in a newspaper of general circulation within the county in which the party or the candidate intends to hold a convention. The notice must appear at least ten days before the convention is to be held, and shall state the date, time, and place of the convention. Additionally, it shall include the mailing address of the person or organization sponsoring the convention.

Sec. 13   RCW 29A.20.141 and 2004 c 271 s 111 are each amended to read as follows:
     (1) To be valid, a convention must be attended by at least one hundred registered voters.
     (2) In order to nominate candidates for the offices of president and vice president of the United States, ((United States senator, United States representative, or any statewide office,)) a nominating convention shall obtain and submit to the filing officer the signatures of at least one thousand registered voters of the state of Washington. ((In order to nominate candidates for any other office, a nominating convention shall obtain and submit to the filing officer the signatures of one hundred persons who are registered to vote in the jurisdiction of the office for which the nominations are made.))

Sec. 14   RCW 29A.24.031 and 2004 c 271 s 158 are each amended to read as follows:
     A candidate who desires to have his or her name printed on the ballot for election to an office ((other than president of the United States, vice president of the United States, or an office for which ownership of property is a prerequisite to voting)) shall complete and file a declaration of candidacy. This requirement does not apply to election for president and vice president of the United states or an office for which ownership of property is a prerequisite to voting. The secretary of state shall adopt, by rule, a declaration of candidacy form for the office of precinct committee officer and a separate standard form for candidates for all other offices filing under this chapter. Included on the standard form shall be:
     (1) A place for the candidate to declare that he or she is a registered voter within the jurisdiction of the office for which he or she is filing, and the address at which he or she is registered;
     (2) A place for the candidate to indicate the position for which he or she is filing;
     (3) A place for the partisan office candidate to indicate a preference for a political party ((designation)), if ((applicable)) any;
     (4) A place for the candidate to indicate the amount of the filing fee accompanying the declaration of candidacy or for the candidate to indicate that he or she is filing a ((nominating)) filing fee petition in lieu of the filing fee under RCW 29A.24.091;
     (5) A place for the candidate to sign the declaration of candidacy, stating that the information provided on the form is true and swearing or affirming that he or she will support the Constitution and laws of the United States and the Constitution and laws of the state of Washington.
     In the case of a declaration of candidacy filed electronically, submission of the form constitutes agreement that the information provided with the filing is true, that he or she will support the Constitutions and laws of the United States and the state of Washington, and that he or she agrees to electronic payment of the filing fee established in RCW 29A.24.091.
     The secretary of state may require any other information on the form he or she deems appropriate to facilitate the filing process.

Sec. 15   RCW 29A.24.081 and 2004 c 271 s 159 are each amended to read as follows:
     Any candidate may mail his or her declaration of candidacy for an office to the filing officer. Such declarations of candidacy shall be processed by the filing officer in the following manner:
     (1) Any declaration received by the filing officer by mail before the tenth business day immediately preceding the first day for candidates to file for office shall be returned to the candidate submitting it, together with a notification that the declaration of candidacy was received too early to be processed. The candidate shall then be permitted to resubmit his or her declaration of candidacy during the filing period.
     (2) Any properly executed declaration of candidacy received by mail on or after the tenth business day immediately preceding the first day for candidates to file for office and before the close of business on the last day of the filing period shall be included with filings made in person during the filing period. In primaries for partisan offices and judicial ((elections)) offices the filing officer shall determine by lot the order in which the names of those candidates shall appear upon sample and absentee primary ballots.
     (3) Any declaration of candidacy received by the filing officer after the close of business on the last day for candidates to file for office shall be rejected and returned to the candidate attempting to file it.

Sec. 16   RCW 29A.24.101 and 2006 c 206 s 4 are each amended to read as follows:
     (((1))) The secretary of state shall adopt, by rule, a filing fee petition. The filing fee petition authorized by RCW 29A.24.091 must be printed on sheets of uniform color and size, must include a place for each individual to sign and print his or her name and the address, city, and county at which he or she is registered to vote, and must contain no more than twenty numbered lines.
     (((2) For candidates for nonpartisan office and candidates of a major political party for partisan office, the filing fee petition must be in substantially the following form:

     The warning prescribed by RCW 29A.72.140; followed by:

     We, the undersigned registered voters of (the state of Washington or the political subdivision for which the nomination is made) , hereby petition that the name of (candidate's name) be printed on the official primary ballot for the office of (insert name of office) .

     (3) For independent candidates and candidates of a minor political party for partisan office, the filing fee petition must be in substantially the following form:

     The warning prescribed by RCW 29A.72.140; followed by:

     We, the undersigned registered voters of (the state of Washington or the political subdivision for which the nomination is made) , hereby petition that the name of (candidate's name) be printed on the official general election ballot for the office of (insert name of office) .))

Sec. 17   RCW 29A.24.141 and 2004 c 271 s 162 are each amended to read as follows:
     A void in candidacy for ((a nonpartisan)) office occurs when an election for such office, except for the short term, has been scheduled and no valid declaration of candidacy has been filed for the position or all persons filing such valid declarations of candidacy have died or been disqualified.

Sec. 18   RCW 29A.24.151 and 2004 c 271 s 163 are each amended to read as follows:
     The election officer with whom declarations of candidacy are filed shall give notice of a void in candidacy for ((a nonpartisan)) an office, by notifying press, radio, and television in the county or counties involved and by such other means as may now or hereafter be provided by law. The notice shall state the office, and the time and place for filing declarations of candidacy.

Sec. 19   RCW 29A.24.161 and 2004 c 271 s 164 are each amended to read as follows:
     Filings to fill a void in candidacy ((for nonpartisan office)) must be made in the same manner and with the same official as required during the regular filing period for such office((, except that nominating signature petitions that may be required of candidates filing for certain district offices during the normal filing period may not be required of candidates filing during the special three-day filing period)).

Sec. 20   RCW 29A.24.171 and 2006 c 344 s 7 are each amended to read as follows:
     Filings for ((a nonpartisan)) an office shall be reopened 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 or counties involved and by such other means as may now or hereafter be provided by law whenever before the ((eleventh)) tenth Tuesday prior to a primary:
     (1) A void in candidacy occurs;
     (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)) candidate 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 three-day period shall appear on the ballot as if made during the earlier filing period.

Sec. 21   RCW 29A.24.181 and 2006 c 344 s 8 are each amended to read as follows:
     Filings for ((a nonpartisan)) an office (other than judge of the supreme court or superintendent of public instruction) shall be reopened 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 or counties involved and by such other means as may now or hereafter be provided by law, when:
     (1) A void in candidacy ((for such nonpartisan office)) occurs on or after the ((eleventh)) tenth Tuesday prior to a primary but prior to the ((eleventh)) tenth Tuesday before an election; or
     (2) A ((nominee)) candidate for judge of the superior court eligible after a contested primary for a certificate of election by Article 4, section 29, Amendment 41 of the state Constitution, dies or is disqualified within the ten-day period immediately following the last day allotted for a candidate to withdraw; or
     (3) A vacancy occurs in ((any nonpartisan)) an office on or after the ((eleventh)) tenth Tuesday prior to a primary but prior to the ((eleventh)) tenth Tuesday before an election leaving an unexpired term to be filled by an election for which filings have not been held.
     The candidate receiving a plurality of the votes cast for that office in the general election shall be deemed elected.

Sec. 22   RCW 29A.24.191 and 2006 c 344 s 9 are each amended to read as follows:
     A scheduled election ((shall be lapsed)) lapses, the office is deemed stricken from the ballot, no purported write-in votes may be counted, and no candidate may be certified as elected, when:
     (1) In an election for judge of the supreme court or superintendent of public instruction, a void in candidacy occurs on or after the ((eleventh)) tenth Tuesday prior to a primary, public filings and the primary being an indispensable phase of the election process for such offices;
     (2) Except as otherwise specified in RCW 29A.24.181, a ((nominee)) candidate 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 ((on or after the eleventh Tuesday prior to a primary)) more than ten days after the last date for candidates to withdraw under RCW 29A.24.131;
     (3) In other elections ((for nonpartisan office)), a void in candidacy occurs or a vacancy occurs involving an unexpired term to be filled on or after the ((eleventh)) tenth Tuesday prior to an election.

Sec. 23   RCW 29A.24.311 and 2004 c 271 s 117 are each amended to read as follows:
     Any person who desires to be a write-in candidate and have such votes counted at a primary or election may file a declaration of candidacy with the officer designated in RCW 29A.24.070 not later than the day before the primary or election. Declarations of candidacy for write-in candidates must be accompanied by a filing fee in the same manner as required of other candidates filing for the office as provided in RCW 29A.24.091.
     Votes cast for write-in candidates who have filed such declarations of candidacy ((and write-in votes for persons appointed by major political parties pursuant to RCW 29A.28.021)) need only specify the name of the candidate in the appropriate location on the ballot in order to be counted. Write-in votes cast for any other candidate, in order to be counted, must designate the office sought and position number ((or political party)), if the manner in which the write-in is done does not make the office or position clear.
     No person may file as a write-in candidate where:
     (1) At a general election, the person attempting to file either filed as a write-in candidate for the same office at the preceding primary or the person's name appeared on the ballot for the same office at the preceding primary;
     (2) The person attempting to file as a write-in candidate has already filed a valid write-in declaration for that primary or election, unless one or the other of the two filings is for the office of precinct committeeperson;
     (3) The name of the person attempting to file already appears on the ballot as a candidate for another office, unless one of the two offices for which he or she is a candidate is precinct committeeperson.
     The declaration of candidacy shall be similar to that required by RCW 29A.24.031. No write-in candidate filing under this section may be included in any voter's pamphlet produced under chapter 29A.32 RCW unless that candidate qualifies to have his or her name printed on the general election ballot. The legislative authority of any jurisdiction producing a local voter's pamphlet under chapter 29A.32 RCW may provide, by ordinance, for the inclusion of write-in candidates in such pamphlets.

NEW SECTION.  Sec. 24   A new section is added to chapter 29A.24 RCW to read as follows:
     If, after filing a valid declaration of candidacy for a partisan office, a candidate dies, his or her name shall remain on the ballot for the primary. If the candidate receives the highest or second highest number of votes in the primary, the candidate shall qualify for the general election, and the candidate's name shall appear on the general election ballot. In the general election, if the candidate receives the most number of votes, the office to which the person sought election shall be treated as a vacant office under Article II, section 15 of the state Constitution.

Sec. 25   RCW 29A.28.041 and 2006 c 344 s 12 are each amended to read as follows:
     (1) Whenever a vacancy occurs in the United States house of representatives or the United States senate from this state, the governor shall order a special election to fill the vacancy. ((Minor political party candidates and independent candidates may be nominated through the convention procedures provided in chapter 29A.20 RCW.))
     (2) Within ten days of such vacancy occurring, he or she shall issue a writ of election fixing a date for the special vacancy election not less than ninety days after the issuance of the writ, fixing a date for the primary for ((nominating major political party)) qualifying candidates for the special vacancy election not less than thirty days before the day fixed for holding the special vacancy election, fixing the dates for the special filing period, and designating the term or part of the term for which the vacancy exists. If the vacancy is in the office of United States representative, the writ of election shall specify the congressional district that is vacant.
     (3) If the vacancy occurs less than six months before a state general election and before the second Friday following the close of the filing period for that general election, the special primary((,)) and the special vacancy election((, and minor party and independent candidate nominating conventions)) must be held in concert with the state primary and state general election in that year.
     (4) If the vacancy occurs on or after the first day for filing under RCW 29A.24.050 and on or before the second Friday following the close of the filing period, a special filing period of three normal business days shall be fixed by the governor and notice thereof given to all media, including press, radio, and television within the area in which the vacancy election is to be held, to the end that, insofar as possible, all interested persons will be aware of such filing period. The last day of the filing period shall not be later than the sixth Tuesday before the date of the primary ((at which major political party candidates are to be nominated)). The names of ((major political party)) all candidates who have filed valid declarations of candidacy during this three-day period shall appear on the approaching primary ballot. ((The requirements of RCW 29A.20.131 do not apply to a minor political party or independent candidate convention held under this subsection.))
     (5) If the vacancy occurs later than the second Friday following the close of the filing period, a special primary((,)) and a special vacancy election((, and the minor party and independent candidate conventions to fill the position)) shall be held after the next state general election but, in any event, no later than the ninetieth day following the November election.

Sec. 26   RCW 29A.28.061 and 2004 c 271 s 119 are each amended to read as follows:
     The general election laws and laws relating to ((partisan)) primaries for partisan offices shall apply to the special primaries and vacancy elections provided for in chapter 29A.28 RCW to the extent that they are not inconsistent with the provisions of these sections. ((Minor political party and independent candidates may appear only on the general election ballot.)) Statutory time deadlines relating to availability of absentee ballots, certification, canvassing, and related procedures that cannot be met in a timely fashion may be modified for the purposes of a specific primary or vacancy election under this chapter by the secretary of state through emergency rules adopted under RCW 29A.04.611.

Sec. 27   RCW 29A.28.071 and 2004 c 271 s 120 are each amended to read as follows:
     If a vacancy occurs in the office of precinct committee officer by reason of death, resignation, or disqualification of the incumbent, or because of failure to elect, the respective county chair of the county central committee shall fill the vacancy by appointment. However, in a legislative district having a majority of its precincts in a county with a population of one million or more, the appointment may be made only upon the recommendation of the legislative district chair. The person so appointed must have the same qualifications as candidates when filing for election to the office for that precinct. When a vacancy in the office of precinct committee officer exists because of failure to elect at ((a state primary)) the general election, the vacancy may not be filled until after the organization meeting of the county central committee and the new county chair has been selected as provided by RCW 29A.80.030.

Sec. 28   RCW 29A.32.031 and 2008 c 1 s 12 (Initiative Measure No. 960) are each amended to read as follows:
     The voters' pamphlet must contain:
     (1) Information about each measure for an advisory vote of the people and each ballot measure initiated by or referred to the voters for their approval or rejection as required by RCW 29A.32.070;
     (2) In even-numbered years, statements, if submitted, advocating the candidacies of ((nominees)) candidates qualified to appear on the ballot for the office of president and vice president of the United States, United States senator, United States representative, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, commissioner of public lands, superintendent of public instruction, insurance commissioner, state senator, state representative, justice of the supreme court, judge of the court of appeals, or judge of the superior court. Candidates may also submit a campaign mailing address and telephone number and a photograph not more than five years old and of a size and quality that the secretary of state determines to be suitable for reproduction in the voters' pamphlet;
     (3) In odd-numbered years, if any office voted upon statewide appears on the ballot due to a vacancy, then statements and photographs for candidates for any vacant office listed in subsection (2) of this section must appear;
     (4) In even-numbered years, a section explaining how voters may participate in the election campaign process; the address and telephone number of the public disclosure commission established under RCW 42.17.350; and a summary of the disclosure requirements that apply when contributions are made to candidates and political committees;
     (5) In even-numbered years the name, address, and telephone number of each current political party ((with nominees listed in the pamphlet, if filed with the secretary of state by the state committee of a major political party or the presiding officer of the convention of a minor political party)), if the party has provided that information to the secretary of state;
     (6) In each odd-numbered year immediately before a year in which a president of the United States is to be nominated and elected, information explaining the precinct caucus and convention process used by each major political party to elect delegates to its national presidential candidate nominating convention. The pamphlet must also provide a description of the statutory procedures by which minor political parties are formed and the statutory methods used by the parties to nominate candidates for president;
     (7) An application form for an absentee ballot;
     (8) A brief statement explaining the deletion and addition of language for proposed measures under RCW 29A.32.080;
     (9) Any additional information pertaining to elections as may be required by law or in the judgment of the secretary of state is deemed informative to the voters.

Sec. 29   RCW 29A.32.032 and 2005 c 2 s 11 are each amended to read as follows:
     For partisan offices, the voters' pamphlet must also contain the political party preference ((or independent status where a candidate appearing on the ballot has expressed such a preference)), if any, indicated by each candidate on his or her declaration of candidacy.

Sec. 30   RCW 29A.32.121 and 2004 c 271 s 168 are each amended to read as follows:
     (1) The maximum number of words for statements submitted by candidates is as follows: State representative, one hundred words; state senator, judge of the superior court, judge of the court of appeals, justice of the supreme court, and all state offices voted upon throughout the state, except that of governor, two hundred words; president and vice president, United States senator, United States representative, and governor, three hundred words.
     (2) Arguments written by committees under RCW 29A.32.060 may not exceed two hundred fifty words in length.
     (3) Rebuttal arguments written by committees may not exceed seventy-five words in length.
     (4) The secretary of state shall allocate space in the pamphlet based on the number of candidates ((or nominees)) for each office.

Sec. 31   RCW 29A.32.241 and 2004 c 271 s 123 are each amended to read as follows:
     The local voters' pamphlet shall include but not be limited to the following:
     (1) Appearing on the cover, the words "official local voters' pamphlet," the name of the jurisdiction producing the pamphlet, and the date of the election or primary;
     (2) A list of jurisdictions that have measures or candidates in the pamphlet;
     (3) Information on how a person may register to vote and obtain an absentee ballot;
     (4) The text of each measure accompanied by an explanatory statement prepared by the prosecuting attorney for any county measure or by the attorney for the jurisdiction submitting the measure if other than a county measure. All explanatory statements for city, town, or district measures not approved by the attorney for the jurisdiction submitting the measure shall be reviewed and approved by the county prosecuting attorney or city attorney, when applicable, before inclusion in the pamphlet; and
     (5) The arguments for and against each measure submitted by committees selected pursuant to RCW 29A.32.280((; and
     (6) For partisan primary elections, information on how to vote the applicable ballot format and an explanation that minor political party candidates and independent candidates will appear only on the general election ballot)).

Sec. 32   RCW 29A.36.011 and 2004 c 271 s 124 are each amended to read as follows:
     On or before the day following the last day allowed for ((major political parties to fill vacancies in the ticket as provided by RCW 29A.28.011)) candidates to withdraw under RCW 29A.24.131, the secretary of state shall certify to each county auditor a list of the candidates who have filed declarations of candidacy in his or her office for the primary. For each office, the certificate shall include the name of each candidate, his or her address, and his or her party ((designation)) preference, if any. ((Minor political party and independent candidates may appear only on the general election ballot.))

Sec. 33   RCW 29A.36.071 and 2006 c 311 s 9 are each amended to read as follows:
     (1) Except as provided to the contrary in RCW 82.14.036, 82.46.021, or 82.80.090, the ballot title of any referendum filed on an enactment or portion of an enactment of a local government and any other question submitted to the voters of a local government consists of three elements: (a) An identification of the enacting legislative body and a statement of the subject matter; (b) a concise description of the measure; and (c) a question. The ballot title must conform with the requirements and be displayed substantially as provided under RCW 29A.72.050, except that the concise description must not exceed seventy-five words; however, a concise description submitted on behalf of a proposed or existing regional transportation investment district may exceed seventy-five words. If the local governmental unit is a city or a town, the concise statement shall be prepared by the city or town attorney. If the local governmental unit is a county, the concise statement shall be prepared by the prosecuting attorney of the county. If the unit is a unit of local government other than a city, town, or county, the concise statement shall be prepared by the prosecuting attorney of the county within which the majority area of the unit is located.
     (2) A referendum measure on the enactment of a unit of local government shall be advertised in the manner provided for ((nominees)) candidates for elective office.
     (3) Subsection (1) of this section does not apply if another provision of law specifies the ballot title for a specific type of ballot question or proposition.

Sec. 34   RCW 29A.36.101 and 2004 c 271 s 125 are each amended to read as follows:
     Except for the candidates for the positions of president and vice president, or for a partisan or nonpartisan office for which no primary is required, ((or for independent or minor party candidates,)) the names of all candidates who, under this title, filed a declaration of candidacy ((or were certified as a candidate to fill a vacancy on a major party ticket will)) shall appear on the appropriate ballot at the primary throughout the jurisdiction ((in which they are to be nominated)) of the office for which they are candidates.

Sec. 35   RCW 29A.36.121 and 2004 c 271 s 129 are each amended to read as follows:
     (1)(((a))) The positions or offices on a primary ((consolidated)) ballot shall be arranged in substantially the following order: United States senator; United States representative; governor; lieutenant governor; secretary of state; state treasurer; state auditor; attorney general; commissioner of public lands; superintendent of public instruction; insurance commissioner; state senator; state representative; county officers; justices of the supreme court; judges of the court of appeals; judges of the superior court; and judges of the district court. For all other jurisdictions on the primary ((consolidated)) ballot, the offices in each jurisdiction shall be grouped together and be in the order of the position numbers assigned to those offices, if any.
     (((b)(i) The positions or offices on a primary party ballot must be arranged in substantially the following order: United States senator; United States representative; governor; lieutenant governor; secretary of state; state treasurer; state auditor; attorney general; commissioner of public lands; insurance commissioner; state senator; state representative; and partisan county officers. For all other jurisdictions on the primary party ballot, the offices in each jurisdiction must be grouped together and be in the order of the position numbers assigned to those offices, if any.
     (ii) The positions or offices on a primary nonpartisan ballot must be arranged in substantially the following order: Superintendent of public instruction; justices of the supreme court; judges of the court of appeals; judges of the superior court; and judges of the district court. For all other jurisdictions on the primary nonpartisan ballot, the offices in each jurisdiction must be grouped together and be in the order of the position numbers assigned to those offices, if any.))
     (2) The order of the positions or offices on an election ballot shall be substantially the same as on a primary ((consolidated)) ballot except that state ballot issues must be placed before all offices. The offices of president and vice president of the United States shall precede all other offices on a presidential election ballot. The positions on a ballot to be assigned to ballot measures regarding local units of government shall be established by the secretary of state by rule.
     (3) The political party ((or independent candidacy)) preference, if any, of each candidate for partisan office shall be indicated next to the name of the candidate on the primary and election ballots. ((A candidate shall file a written notice with the filing officer within three business days after the close of the filing period designating the political party to be indicated next to the candidate's name on the ballot if either: (a) The candidate has been nominated by two or more minor political parties or independent conventions; or (b) the candidate has both filed a declaration of candidacy declaring an affiliation with a major political party and been nominated by a minor political party or independent convention. If no written notice is filed the filing officer shall give effect to the party designation shown upon the first document filed. A candidate may be deemed nominated by a minor party or independent convention only if all documentation required by chapter 29A.20 RCW has been timely filed.)) If a candidate filed more than one declaration of candidacy for the same office with differing party preferences, the ballot must contain the preference on the last validly filed declaration.

Sec. 36   RCW 29A.36.131 and 2004 c 271 s 130 are each amended to read as follows:
     After the close of business on the last day for candidates to file for office, the filing officer shall, from among those filings made in person and by mail, determine by lot the order in which the names of those candidates will appear on all primary((, sample, and absentee)) and sample ballots. The determination shall be done publicly and may be witnessed by the media and by any candidate. If no primary is required ((for any nonpartisan office under RCW 29A.52.011 or 29A.52.220, or if any independent or minor party candidate files a declaration of candidacy)), the names shall appear on the general election ballot in the order determined by lot.

Sec. 37   RCW 29A.36.151 and 2004 c 271 s 131 are each amended to read as follows:
     Except in each county with a population of one million or more, on or before the fifteenth day before a primary or election, the county auditor shall prepare a sample ballot which shall be made readily available to members of the public. The secretary of state shall adopt rules governing the preparation of sample ballots in counties with a population of one million or more. The rules shall permit, among other alternatives, the preparation of more than one sample ballot by a county with a population of one million or more for a primary or election, each of which lists a portion of the offices and issues to be voted on in that county. The position of precinct committee officer shall be shown on the sample ballot for the ((primary)) general election in even-numbered years, but the names of candidates for the individual positions need not be shown.

Sec. 38   RCW 29A.36.161 and 2004 c 271 s 132 are each amended to read as follows:
     (1) On the top of each ballot must be printed clear and concise instructions directing the voter how to mark the ballot, including write-in votes. ((On the top of each primary ballot must be printed the instructions required by this chapter.))
     (2) The questions of adopting constitutional amendments or any other state measure authorized by law to be submitted to the voters at that election must appear after the instructions and before any offices.
     (3) In a year that president and vice president appear on the general election ballot, the names of candidates for president and vice president for each political party must be grouped together with a single response position for a voter to indicate his or her choice.
     (((4) On a general election ballot, the candidate or)) The candidates of the major political party that received the highest number of votes from the electors of this state for the office of president of the United States at the last presidential election must appear first following the appropriate office heading. The candidate or candidates of the other major political parties will follow according to the votes cast for their nominees for president at the last presidential election, and independent candidates and the candidate or candidates of all other parties will follow in the order of their qualification with the secretary of state.
     (((5))) (4) All paper ballots and ballot cards used at a polling place must be sequentially numbered in such a way to permit removal of such numbers without leaving any identifying marks on the ballot.

Sec. 39   RCW 29A.36.170 and 2005 c 2 s 6 are each reenacted and amended to read as follows:
     (1) For any office for which a primary was held, only the names of the top two candidates ((will)) shall appear on the general election ballot; the name of the candidate who received the greatest number of votes ((will)) shall appear first and the candidate who received the next greatest number of votes ((will)) shall appear second. No candidate's name may be printed on the subsequent general election ballot unless he or she receives at least ((one)) two percent of the total votes cast for that office at the preceding primary, if a primary was conducted. On the ballot at the general election for an office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW ((29A.36.130)) 29A.36.131.
     (2) For the office of justice of the supreme court, judge of the court of appeals, judge of the superior 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 for that position on the ballot at the general election.

Sec. 40   RCW 29A.36.201 and 2004 c 271 s 171 are each amended to read as follows:
     The names of the persons certified ((as nominees)) by the secretary of state or the county canvassing board as having qualified to appear on the general election ballot shall be printed on the ballot at the ensuing election.
     No name of any candidate ((whose nomination at a primary is required by law shall)) for an office for which a primary was conducted may be placed upon the ballot at a general or special election unless it appears upon the certificate of either (((1))) the secretary of state((,)) or (((2))) the county canvassing board((, or (3) a minor party convention or the state or county central committee of a major political party to fill a vacancy on its ticket under RCW 29A.28.021)).
     Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, a candidate's name shall not appear more than once upon a ballot for a position regularly ((nominated)) qualified or elected at the same election.

Sec. 41   RCW 29A.40.091 and 2005 c 246 s 21 are each amended to read as follows:
     The county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor. The instructions that accompany an absentee ballot for a partisan primary must include instructions for voting the ((applicable)) ballot ((style)), as provided in chapter 29A.36 RCW. The absentee voter's name and address must be printed on the larger return envelope, which must also contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The declaration must clearly inform the voter that it is illegal to vote if he or she is not a United States citizen; it is illegal to vote if he or she has been convicted of a felony and has not had his or her voting rights restored; and, except as otherwise provided by law, it is illegal to cast a ballot or sign an absentee envelope on behalf of another voter. The return envelope must provide space for the voter to indicate the date on which the ballot was voted and for the voter to sign the oath. It must also contain a space so that the voter may include a telephone number. A summary of the applicable penalty provisions of this chapter must be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. The return envelope must also have a secrecy flap that the voter may seal that will cover the voter's signature and optional telephone number. For out-of-state voters, overseas voters, and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. The voter must be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first-class postage, if applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which the ballot was issued.
     If the county auditor chooses to forward absentee ballots, he or she must include with the ballot a clear explanation of the qualifications necessary to vote in that election and must also advise a voter with questions about his or her eligibility to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed directly on the ballot itself. If the information is not included, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.

Sec. 42   RCW 29A.44.201 and 2004 c 271 s 136 are each amended to read as follows:
     A voter desiring to vote shall give his or her name to the precinct election officer who has the precinct list of registered voters. This officer shall announce the name to the precinct election officer who has the copy of the inspector's poll book for that precinct. If the right of this voter to participate in the primary or election is not challenged, the voter must be issued a ballot or permitted to enter a voting booth or to operate a voting device. ((For a partisan primary in a jurisdiction using the physically separate ballot format, the voter must be issued a nonpartisan ballot and each party ballot.)) The number of the ballot or the voter must be recorded by the precinct election officers. If the right of the voter to participate is challenged, RCW 29A.08.810 and 29A.08.820 apply to that voter.

Sec. 43   RCW 29A.44.221 and 2004 c 271 s 137 are each amended to read as follows:
     On signing the precinct list of registered voters or being issued a ballot, the voter shall, without leaving the polling place or disability access location, proceed to one of the voting booths or voting devices to cast his or her vote. When county election procedures so provide, the election officers may tear off and retain the numbered stub from the ballot before delivering it to the voter. If an election officer has not already done so, when the voter has finished, he or she shall either (1) remove the numbered stub from the ballot, place the ballot in the ballot box, and return the number to the election officers, or (2) deliver the entire ballot to the election officers, who shall remove the numbered stub from the ballot and place the ballot in the ballot box. ((For a partisan primary in a jurisdiction using the physically separate ballot format, the voter shall also return unvoted party ballots to the precinct election officers, who shall void the unvoted party ballots and return them to the county auditor.)) If poll-site ballot counting devices are used, the voter shall put the ballot in the device.

Sec. 44   RCW 29A.48.020 and 2004 c 266 s 15 are each amended to read as follows:
     At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW ((29A.04.320)) 29A.04.321 or 29A.04.330 may also request that the special election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.
     For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than eighteen days before the date of such election, mail to each registered voter a mail ballot. The auditor shall handle inactive voters in the same manner as inactive voters in mail ballot precincts. The requirements regarding certification, reporting, and the mailing of overseas and military ballots in RCW ((29.36.270)) 29A.40.070 apply to mail ballot elections.

Sec. 45   RCW 29A.52.011 and 2006 c 344 s 14 are each amended to read as follows:
     Whenever it shall be necessary to hold a special election in an odd-numbered year to fill an unexpired term of any office which is scheduled to be voted upon for a full term in an even-numbered year, no primary election shall be held in the odd-numbered year if, after the last day allowed for candidates to withdraw, ((either of the following circumstances exist:
     (1) No more than one candidate of each qualified political party has filed a declaration of candidacy for the same partisan office to be filled; or
     (2))) no more than two candidates have filed a declaration of candidacy for a single ((nonpartisan)) office to be filled.
     ((In either event,)) The officer with whom the declarations of candidacy were filed shall immediately notify all candidates concerned and the names of the candidates that would have been printed upon the primary ballot, but for the provisions of this section, shall be printed ((as nominees for the positions sought)) upon the November general election ballot.

Sec. 46   RCW 29A.52.112 and 2005 c 2 s 7 are each reenacted and amended to read as follows:
     (1) A primary is a first stage in the public process by which voters elect candidates to public office. A primary may not be used to select nominees of any political party.
     (2) Whenever candidates for a partisan office are to be elected, the general election must be preceded by a primary conducted under this chapter. Based upon votes cast at the primary, the top two candidates ((will)) shall 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 for a political party on the declaration of candidacy, then that preference ((will)) shall 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 choose to not express ((no)) a 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. Political party preference may not be used for any purpose relating to the conduct, canvassing, or certification of any primary or general election.

Sec. 47   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.

Sec. 48   RCW 29A.52.231 and 2004 c 271 s 174 are each amended to read as follows:
     The offices of superintendent of public instruction, justice of the supreme court, judge of the court of appeals, judge of the superior court, and judge of the district court shall be nonpartisan and the candidates therefor shall be ((nominated)) qualified and elected as such.
     All city, town, and special purpose district elective offices shall be nonpartisan and the candidates therefor shall be ((nominated)) qualified and elected as such.

Sec. 49   RCW 29A.52.321 and 2004 c 271 s 146 are each amended to read as follows:
     No later than the day following the certification of the returns of any primary, the secretary of state shall certify to the appropriate county auditors the names of all persons ((nominated for offices at a primary, or at an independent candidate or minor party convention)) qualified to appear on the general election ballot as candidates for offices, the returns of which have been certified by the secretary of state.

Sec. 50   RCW 29A.52.351 and 2004 c 271 s 175 are each amended to read as follows:
     Except as provided in RCW 29A.32.260, notice for any state, county, district, or municipal election, whether special or general, must be given by at least one publication not more than ten nor less than three days before the election by the county auditor or the officer conducting the election as the case may be, in one or more newspapers of general circulation within the county. The legal notice must contain the title of each office ((under the proper party designation)), the names and addresses of all ((officers)) candidates who have been ((nominated)) qualified to appear on the ballot for an office to be voted upon at that election, together with the ballot titles of all measures, the hours during which the polls will be open, and the polling places for each precinct, giving the address of each polling place. ((The names of all candidates for nonpartisan offices must be published separately with designation of the offices for which they are candidates but without party designation.)) This is the only notice required for a state, county, district, or municipal general or special election and supersedes the provisions of any and all other statutes, whether general or special in nature, having different requirements for the giving of notice of any general or special election((s)).

Sec. 51   RCW 29A.56.040 and 2007 c 385 s 1 are each amended to read as follows:
     (1) ((Except where necessary to accommodate the national or state rules of a major political party or where this chapter specifically provides otherwise, the presidential primary must be conducted in substantially the same manner as a state partisan primary under this title.
     (2) Except as provided under this chapter or by rule of the secretary of state adopted under RCW 29A.04.620, the arrangement and form of presidential primary ballots must be consistent with RCW 29A.52.151.)) Only the candidates who have qualified under RCW 29A.56.030 may appear on the ballots.
     (((3))) (2) Each party's ballot or portion of the ballot must list alphabetically the names of all candidates for the office of president. The ballot must clearly indicate the political party of each candidate. ((Each ballot must include a blank space to allow the voter to write in the name of any other candidate.
     (4))) (3) A presidential primary ballot with votes for more than one candidate is void, and notice to this effect, stated in clear, simple language and printed in large type, must appear on the face of each presidential primary ballot or on or about each voting device.

Sec. 52   RCW 29A.60.021 and 2005 c 243 s 12 are each amended to read as follows:
     (1) For any office at any election or primary, any voter may write in on the ballot the name of any person for an office who has filed as a write-in candidate for the office in the manner provided by RCW 29A.24.311 and such vote shall be counted the same as if the name had been printed on the ballot and marked by the voter. No write-in vote made for any person ((who has not filed a declaration of candidacy pursuant to RCW 29A.24.311)) is valid if that person filed for the same office, either as a regular candidate or a write-in candidate, at the preceding primary. Any abbreviation used to designate office or position ((will)) shall be accepted if the canvassing board can determine, to its satisfaction, the voter's intent.
     (2) The number of write-in votes cast for each office must be recorded and reported with the canvass for the election.
     (3) A write-in vote for an individual candidate for an office whose name appears on the ballot for that same office is a valid vote for that candidate as long as the candidate's name is clearly discernible, even if other requirements of RCW 29A.24.311 are not satisfied and even if the voter also marked a vote for that candidate such as to register an overvote. ((These votes need not be tabulated unless: (a) The difference between the number of votes cast for the candidate apparently qualified to appear on the general election ballot or elected and the candidate receiving the next highest number of votes is less than the sum of the total number of write-in votes cast for the office plus the overvotes and undervotes recorded by the vote tabulating system; or (b) a manual recount is conducted for that office.))
     (4) Write-in votes ((cast for an individual candidate for an office whose name does not appear on the ballot)) need not be tallied unless the total number of write-in votes and ((undervotes recorded by the vote tabulation system)) overvotes for the office is greater than the number of votes cast for ((the)) any candidate apparently qualified to appear on the general election ballot or elected.
     (5) In the case of write-in votes for a statewide office or any office whose jurisdiction encompasses more than one county, write-in votes for an individual candidate must be tallied when the county auditor is notified by either the secretary of state or another county auditor in the multicounty jurisdiction that it appears that the write-in votes must be tabulated under the terms of this section. In all other cases, the county auditor determines when write-in votes must be tabulated. Any abstract of votes must be modified to reflect the tabulation and certified by the canvassing board. Tabulation of write-in votes may be performed simultaneously with a recount.

Sec. 53   RCW 29A.60.221 and 2004 c 271 s 176 are each amended to read as follows:
     (1) If ((the requisite number of)) candidates for any federal, state, county, city, or district office((s)) have not ((been nominated)) qualified to appear on the general election ballot in a primary by reason of two or more persons having an equal and requisite number of votes for being placed on the general election ballot, the official empowered by state law to certify candidates for the general election ballot shall give notice to the several persons so having the equal and requisite number of votes to attend at the appropriate office at the time designated by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared ((nominated)) qualified and placed on the general election ballot.
     (2) If ((the requisite number of)) a candidate for any federal, state, county, city, district, or precinct ((officers have)) office has not been elected by reason of two or more persons having an equal and highest number of votes for one and the same office, the official empowered by state law to issue the original certificate of election shall give notice to the several persons so having the highest and equal number of votes to attend at the appropriate office at the time to be appointed by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared duly elected, and the official shall make out and deliver to the person thus duly declared elected a certificate of election.

Sec. 54   RCW 29A.64.011 and 2004 c 271 s 177 are each amended to read as follows:
     An officer of a political party or any person for whom votes were cast in a primary who was not declared ((nominated)) qualified to appear on the general election ballot may file a written application for a recount of the votes or a portion of the votes cast at that primary 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 were cast at any election may file a written application for a recount of the votes or a portion of the votes cast at that election for all candidates for election to that office.
     Any group of five or more registered voters may file a written application for a recount of the votes or a portion of the votes cast upon any question or issue. They shall designate one of the members of the group as chair and shall indicate the voting residence of each member of the group.
     An application for a recount of the votes cast for an office or on a ballot measure must be filed with the officer with whom filings are made for the jurisdiction.
     An application for a recount must specify whether the recount will be done manually or by the vote tally system. A recount done by the vote tally system must use programming that recounts and reports only the office or ballot measure in question. The county shall also provide for a test of the logic and accuracy of that program.
     An application for a recount must be filed within three business days after the county canvassing board or secretary of state has declared the official results of the primary or election for the office or issue for which the recount is requested.
     This chapter applies to the recounting of votes cast by paper ballots and to the recounting of votes recorded on ballots counted by a vote tally system.

Sec. 55   RCW 29A.64.021 and 2005 c 243 s 19 are each amended to read as follows:
     (1) If the official canvass of all of the returns for any office at any primary ((or election)) reveals that the difference in the number of votes cast for ((a)) any candidate apparently ((nominated)) qualified or elected to any office and the number of votes cast for the closest apparently defeated opponent is less than two thousand votes and also less than one-half of one percent of the total number of votes cast for both candidates, the county canvassing board shall conduct a recount of all votes cast on that position.
     (a) Whenever such a difference occurs in the number of votes cast for candidates for a position the declaration of candidacy for which was filed with the secretary of state, the secretary of state shall, within three business days of the day that the returns of the primary or election are first certified by the canvassing boards of those counties, direct those boards to recount all votes cast on the position.
     (b)(i) For statewide elections, if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one thousand votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.
     (ii) For elections not included in (b)(i) of this subsection, if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one hundred fifty votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.
     (2) A mandatory recount shall be conducted in the manner provided by RCW 29A.64.030, 29A.64.041, and 29A.64.061. No cost of a mandatory recount may be charged to any candidate.
     (3) The apparent winner and closest apparently defeated opponent for an office for which a manual recount is required under subsection (1)(b) of this section may select an alternative method of conducting the recount. To select such an alternative, the two candidates shall agree to the alternative in a signed, written statement filed with the election official for the office. The recount shall be conducted using the alternative method if: It is suited to the balloting system that was used for casting the votes for the office; it involves the use of a vote tallying system that is approved for use in this state by the secretary of state; and the vote tallying system is readily available in each county required to conduct the recount. If more than one balloting system was used in casting votes for the office, an alternative to a manual recount may be selected for each system.

Sec. 56   RCW 29A.64.041 and 2004 c 271 s 179 are each amended to read as follows:
     (1) At the time and place established for a recount, the canvassing board or its duly authorized representatives, in the presence of all witnesses who may be in attendance, shall open the sealed containers containing the ballots to be recounted, and shall recount the votes for the offices or issues for which the recount has been ordered. Ballots shall be handled only by the members of the canvassing board or their duly authorized representatives.
     Witnesses shall be permitted to observe the ballots and the process of tabulating the votes, but they shall not be permitted to handle the ballots. The canvassing board shall not permit the tabulation of votes for any ((nomination, election,)) office or issue other than the ones for which a recount was applied for or required.
     (2) At any time before the ballots from all of the precincts listed in the application for the recount have been recounted, the applicant may file with the board a written request to stop the recount.
     (3) The recount may be observed by persons representing the candidates affected by the recount or the persons representing both sides of an issue that is being recounted. The observers may not make a record of the names, addresses, or other information on the ballots, poll books, or applications for absentee ballots unless authorized by the superior court. The secretary of state or county auditor may limit the number of observers to not less than two on each side if, in his or her opinion, a greater number would cause undue delay or disruption of the recount process.

Sec. 57   RCW 29A.64.061 and 2005 c 243 s 21 are each amended to read as follows:
     Upon completion of the canvass of a recount, the canvassing board shall prepare and certify an amended abstract showing the votes cast in each precinct for which the recount was conducted. Copies of the amended abstracts must be transmitted to the same officers who received the abstract on which the recount was based.
     If the ((nomination, election,)) office or issue for which the recount was conducted was submitted only to the voters of a county, the canvassing board shall file the amended abstract with the original results of that election or primary.
     If the ((nomination, election,)) office or issue for which a recount was conducted was submitted to the voters of more than one county, the secretary of state shall canvass the amended abstracts and shall file an amended abstract with the original results of that election. The secretary of state may require that the amended abstracts be certified by each canvassing board on a uniform date. An amended abstract certified under this section supersedes any prior abstract of the results for the same offices or issues at the same primary or election.

Sec. 58   RCW 29A.64.081 and 2004 c 271 s 181 are each amended to read as follows:
     The canvassing board shall determine the expenses for conducting a recount of votes.
     The cost of the recount shall be deducted from the amount deposited by the applicant for the recount at the time of filing the request for the recount, and the balance shall be returned to the applicant. If the costs of the recount exceed the deposit, the applicant shall pay the difference. No charges may be deducted by the canvassing board from the deposit for a recount if the recount changes the result of the ((nomination)) primary or election for which the recount was ordered.

Sec. 59   RCW 29A.68.011 and 2007 c 374 s 3 are each amended to read as follows:
     Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any person charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge by affidavit of an elector that:
     (1) An error or omission has occurred or is about to occur in printing the name of any candidate on official ballots; or
     (2) An error other than as provided in subsections (1) and (3) of this section has been committed or is about to be committed in printing the ballots; or
     (3) The name of any person has been or is about to be wrongfully placed 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 performed by any election officer; or
     (5) Any neglect of duty on the part of an election officer other than as provided for in subsections (1) and (3) of this section has occurred or is about to occur; or
     (6) An error or omission has occurred or is about to occur in the official certification of the election.
     An affidavit of an elector under subsections (1) and (3) of this section when relating to a primary election must be filed with the appropriate court no later than the second Friday following the closing of the filing period ((for nominations)) for such office and shall be heard and finally disposed of by the court not later than five days after the filing thereof. An affidavit of an elector under subsections (1) and (3) of this section when relating to a general election must be filed with the appropriate court no later than three days following the official certification of the primary election returns and shall be heard and finally disposed of by the court not later than five days after the filing thereof. An affidavit of an elector under subsection (6) of this section shall be filed with the appropriate court no later than ten days following the official certification of the election as provided in RCW 29A.60.190, 29A.60.240, or 29A.60.250 or, in the case of a recount, ten days after the official certification of the amended abstract as provided in RCW 29A.64.061.

Sec. 60   RCW 29A.80.020 and 2003 c 111 s 2002 are each amended to read as follows:
     The state committee of each major political party consists of one committeeman and one committeewoman from each county elected by the county central committee at its organization meeting. It must have a chair and vice-chair of opposite sexes. This committee shall meet during January of each odd-numbered year for the purpose of organization at a time and place designated by a notice mailed at least one week before the date of the meeting to all the newly elected state committeemen and committeewomen by the authorized officers of the retiring committee. At its organizational meeting it shall elect its chair and vice-chair, and such officers as its bylaws may provide, and adopt bylaws, rules, and regulations. It may:
     (1) Call conventions at such time and place and under such circumstances and for such purposes as the call to convention designates. The manner, number, and procedure for selection of state convention delegates is subject to the committee's rules and regulations duly adopted;
     (2) Provide for the election of delegates to national conventions;
     (3) ((Fill vacancies on the ticket for any federal or state office to be voted on by the electors of more than one county;
     (4))) Provide for the nomination of presidential electors; and
     (((5))) (4) Perform all functions inherent in such an organization.
     Notwithstanding any provision of this chapter, the committee may not adopt rules governing the conduct of the actual proceedings at a party state convention.

Sec. 61   RCW 29A.80.041 and 2004 c 271 s 148 are each amended to read as follows:
     Any member of a major political party who is a registered voter in the precinct may upon payment of a fee of one dollar file his or her declaration of candidacy as prescribed under RCW 29A.24.031 with the county auditor for the office of precinct committee officer of his or her party in that precinct. When elected at the ((primary)) general election in an even-numbered year, the precinct committee officer shall serve so long as the committee officer remains an eligible voter in that precinct.

Sec. 62   RCW 29A.80.051 and 2004 c 271 s 149 are each amended to read as follows:
     The statutory requirements for filing as a candidate at the primaries apply to candidates for precinct committee officer. The office must be voted upon at the ((primaries)) general election, and the names of all candidates must appear under the proper party and office designations on the ballot for the ((primary)) general election for each even-numbered year, and the one receiving the highest number of votes ((will)) shall be declared elected. However, to be declared elected, a candidate must receive at least ((ten percent of the number of votes cast for the candidate of the candidate's party receiving the greatest number of votes in the precinct)) twenty votes, unless there are less than fifty registered voters in the precinct. The term of office of precinct committee officer is two years, commencing the first day of December following the ((primary)) general election.

Sec. 63   RCW 29A.84.261 and 2004 c 271 s 184 are each amended to read as follows:
     The following apply to persons signing filing fee or nominating petitions prescribed by RCW 29A.20.151 and 29A.24.101:
     (1) A person who signs a petition with any other than his or her name shall be guilty of a misdemeanor.
     (2) A person shall be guilty of a misdemeanor if the person knowingly: Signs more than one petition for any single candidacy of any single candidate; signs the petition when he or she is not a legal voter; or makes a false statement as to his or her residence.

Sec. 64   RCW 29A.84.311 and 2004 c 271 s 185 are each amended to read as follows:
     Every person who:
     (1) Knowingly provides false information on his or her declaration of candidacy ((or)), petition of nomination, or filing fee petition; or
     (2) Conceals or fraudulently defaces or destroys a certificate that has been filed with an elections officer under chapter 29A.20 RCW or a declaration of candidacy ((or)), petition of nomination, or filing fee petition that has been filed with an elections officer, or any part of such a certificate, declaration, or petition, is guilty of a class C felony punishable under RCW 9A.20.021.

Sec. 65   RCW 29A.84.711 and 2004 c 271 s 186 are each amended to read 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 which must be filed with an elections officer under chapter 29A.20 RCW, is guilty of a class C felony punishable under RCW 9A.20.021.

Sec. 66   RCW 42.12.040 and 2005 c 2 s 15 are each reenacted and amended to read as follows:
     (1) If a vacancy occurs in any partisan elective office in the executive or legislative branches of state government or in any partisan county elective office before the ((sixth)) tenth Tuesday prior to the ((next)) general election ((following the occurrence of the vacancy)), a successor shall be elected to that office at that general election. Except during the last year of the term of office, if such a vacancy occurs on or after the ((sixth)) tenth Tuesday prior to the general election, the election of the successor shall occur at the next succeeding general election. The elected successor shall hold office for the remainder of the unexpired term. This section shall not apply to any vacancy occurring in a charter county that has charter provisions inconsistent with this section.
     (2) If a vacancy occurs in any legislative office or in any partisan county office after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in RCW 29A.04.133 and shall continue through the term for which he or she was elected.

Sec. 67   RCW 42.17.020 and 2008 c 6 s 201 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Actual malice" means to act with knowledge of falsity or with reckless disregard as to truth or falsity.
     (2) "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, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.
     (3) "Authorized committee" means the political committee authorized by a candidate, or by the public official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or public official.
     (4) "Ballot proposition" means any "measure" as defined by RCW 29A.04.091, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency prior to its circulation for signatures.
     (5) "Benefit" means a commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.
     (6) "Bona fide political party" means:
     (a) ((An organization that has filed a valid certificate of nomination with the secretary of state under chapter 29A.20 RCW)) A minor political party, as defined in RCW 29A.04.097;
     (b) The governing body of the state organization of a major political party, as defined in RCW 29A.04.086, that is the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party; or
     (c) The county central committee or legislative district committee of a major political party as defined in RCW 29A.04.086. There may be only one legislative district committee for each party in each legislative district.
     (7) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.
     (8) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.
     (9) "Candidate" means any individual who seeks ((nomination)) qualification for election or election to public office. An individual seeks ((nomination)) qualification or election when he or she first:
     (a) Receives contributions or makes expenditures or reserves space or 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 to promote his or her candidacy; or
     (d) Gives his or her consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.
     (10) "Caucus political committee" means a political committee organized and maintained by the members of a major political party in the state senate or state house of representatives.
     (11) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.
     (12) "Commission" means the agency established under RCW 42.17.350.
     (13) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind: PROVIDED, That for the purpose of compliance with RCW 42.17.241, the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.
     (14) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.
     (15)(a) "Contribution" includes:
     (i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or anything of value, including personal and professional services for less than full consideration;
     (ii) An expenditure made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a political committee, the person or persons named on the candidate's or committee's registration form who direct expenditures on behalf of the candidate or 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 or electioneering communication prepared by a candidate, a political committee, or its authorized agent;
     (iv) Sums paid for tickets to fund-raising events such as dinners and parties, except for the actual cost of the consumables furnished at the event.
     (b) "Contribution" does not include:
     (i) Standard interest on money deposited in a political committee's account;
     (ii) Ordinary home hospitality;
     (iii) A contribution received by a candidate or political committee that is returned to the contributor within five business days of the date on which it is received by the candidate or political committee;
     (iv) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;
     (v) An internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;
     (vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. "Volunteer services," for the purposes of this section, means services or labor for which the individual is not compensated by any person;
     (vii) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or property occupied by a person. However, a facility used for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit of the person providing the facility;
     (viii) Legal or accounting services rendered to or on behalf of:
     (A) A political party or caucus political committee if the person paying for the services is the regular employer of the person rendering such services; or
     (B) A candidate or an authorized committee if the person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of ensuring compliance with state election or public disclosure laws; or
     (ix) The performance of ministerial functions by a person on behalf of two or more candidates or political committees either as volunteer services defined in (b)(vi) of this subsection or for payment by the candidate or political committee for whom the services are performed as long as:
     (A) The person performs solely ministerial functions;
     (B) A person who is paid by two or more candidates or political committees is identified by the candidates and political committees on whose behalf services are performed as part of their respective statements of organization under RCW 42.17.040; and
     (C) The person does not disclose, except as required by law, any information regarding a candidate's or committee's plans, projects, activities, or needs, or regarding a candidate's or committee's contributions or expenditures that is not already publicly available from campaign reports filed with the commission, or otherwise engage in activity that constitutes a contribution under (a)(ii) of this subsection.
     A person who performs ministerial functions under this subsection (15)(b)(ix) is not considered an agent of the candidate or committee as long as he or she has no authority to authorize expenditures or make decisions on behalf of the candidate or committee.
     (c) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution. Such a contribution must be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the provider.
     (16) "Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.
     (17) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters: PROVIDED, That an election in which the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.
     (18) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a ballot proposition.
     (19) "Election cycle" means the period beginning on the first day of January after the date of the last previous general election for the office that the candidate seeks and ending on December 31st after the next election for the office. In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on December 31st after the special election.
     (20) "Electioneering communication" means any broadcast, cable, or satellite television or radio transmission, United States postal service mailing, billboard, newspaper, or periodical that:
     (a) Clearly identifies a candidate for a state, local, or judicial office either by specifically naming the candidate, or identifying the candidate without using the candidate's name;
     (b) Is broadcast, transmitted, mailed, erected, distributed, or otherwise published within sixty days before any election for that office in the jurisdiction in which the candidate is seeking election; and
     (c) Either alone, or in combination with one or more communications identifying the candidate by the same sponsor during the sixty days before an election, has a fair market value of five thousand dollars or more.
     (21) "Electioneering communication" does not include:
     (a) Usual and customary advertising of a business owned by a candidate, even if the candidate is mentioned in the advertising when the candidate has been regularly mentioned in that advertising appearing at least twelve months preceding his or her becoming a candidate;
     (b) Advertising for candidate debates or forums when the advertising is paid for by or on behalf of the debate or forum sponsor, so long as two or more candidates for the same position have been invited to participate in the debate or forum;
     (c) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is:
     (i) Of primary interest to the general public;
     (ii) In a news medium controlled by a person whose business is that news medium; and
     (iii) Not a medium controlled by a candidate or a political committee;
     (d) Slate cards and sample ballots;
     (e) Advertising for books, films, dissertations, or similar works (i) written by a candidate when the candidate entered into a contract for such publications or media at least twelve months before becoming a candidate, or (ii) written about a candidate;
     (f) Public service announcements;
     (g) A mailed internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;
     (h) An expenditure by or contribution to the authorized committee of a candidate for state, local, or judicial office; or
     (i) Any other communication exempted by the commission through rule consistent with the intent of this chapter.
     (22) "Expenditure" includes a payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also includes a promise to pay, a payment, or a transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign. For the purposes of this chapter, agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations until actual payment is made. The term "expenditure" shall not include the partial or complete repayment by a candidate or political committee of the principal of a loan, the receipt of which loan has been properly reported.
     (23) "Final report" means the report described as a final report in RCW 42.17.080(2).
     (24) "General election" for the purposes of RCW 42.17.640 means the election that results in the election of a person to a state office. It does not include a primary.
     (25) "Gift," is as defined in RCW 42.52.010.
     (26) "Immediate family" includes the spouse or domestic partner, dependent children, and other dependent relatives, if living in the household. For the purposes of RCW 42.17.640 through 42.17.790, "immediate family" means an individual's spouse or domestic partner, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person.
     (27) "Incumbent" means a person who is in present possession of an elected office.
     (28) "Independent expenditure" means an expenditure that has each of the following elements:
     (a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;
     (b) The expenditure pays in whole or in part for political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; and
     (c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of five hundred dollars or more. A series of expenditures, each of which is under five hundred dollars, constitutes one independent expenditure if their cumulative value is five hundred dollars or more.
     (29)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another person unless the contribution is from the individual's employer, immediate family as defined for purposes of RCW 42.17.640 through 42.17.790, or an association to which the individual belongs.
     (b) A treasurer or a candidate is not an intermediary for purposes of the committee that the treasurer or candidate serves.
     (c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and customary rate.
     (d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that event.
     (30) "Legislation" means bills, resolutions, motions, amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any other matter that may be the subject of action by either house or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval by the governor.
     (31) "Lobby" and "lobbying" each mean attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW. Neither "lobby" nor "lobbying" includes an association's or other organization's act of communicating with the members of that association or organization.
     (32) "Lobbyist" includes any person who lobbies either in his or her own or another's behalf.
     (33) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he or she is compensated for acting as a lobbyist.
     (34) "Ministerial functions" means an act or duty carried out as part of the duties of an administrative office without exercise of personal judgment or discretion.
     (35) "Participate" means that, with respect to a particular election, an entity:
     (a) Makes either a monetary or in-kind contribution to a candidate;
     (b) Makes an independent expenditure or electioneering communication in support of or opposition to a candidate;
     (c) Endorses a candidate prior to contributions being made by a subsidiary corporation or local unit with respect to that candidate or that candidate's opponent;
     (d) Makes a recommendation regarding whether a candidate should be supported or opposed prior to a contribution being made by a subsidiary corporation or local unit with respect to that candidate or that candidate's opponent; or
     (e) Directly or indirectly collaborates or consults with a subsidiary corporation or local unit on matters relating to the support of or opposition to a candidate, including, but not limited to, the amount of a contribution, when a contribution should be given, and what assistance, services or independent expenditures, or electioneering communications, if any, will be made or should be made in support of or opposition to a candidate.
     (36) "Person" includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.
     (37) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, the term "person in interest" means and includes the parent or duly appointed legal representative.
     (38) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations, or other means of mass communication, used for the purpose of appealing, directly or indirectly, for votes or for financial or other support or opposition in any election campaign.
     (39) "Political committee" means any person (except a candidate or an individual dealing with his or her own funds or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition.
     (40) "Primary" for the purposes of RCW 42.17.640 means the procedure for ((nominating)) qualifying a state office candidate ((to state office)) for the general election under chapter 29A.52 RCW ((or any other primary for an election that uses, in large measure, the procedures established in chapter 29A.52 RCW)).
     (41) "Public office" means any federal, state, judicial, county, city, town, school district, port district, special district, or other state political subdivision elective office.
     (42) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.
     (43) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under RCW 29A.56.120 and ending thirty days after the recall election.
     (44) "Sponsor of an electioneering communications, independent expenditures, or political advertising" means the person paying for the electioneering communication, independent expenditure, or political advertising. If a person acts as an agent for another or is reimbursed by another for the payment, the original source of the payment is the sponsor.
     (45) "State legislative office" means the office of a member of the state house of representatives or the office of a member of the state senate.
     (46) "State office" means state legislative office or the office of governor, lieutenant governor, secretary of state, attorney general, commissioner of public lands, insurance commissioner, superintendent of public instruction, state auditor, or state treasurer.
     (47) "State official" means a person who holds a state office.
     (48) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain in the possession or control of that committee or candidate subsequent to the election for which the contributions were received, and that are in excess of the amount necessary to pay remaining debts incurred by the committee or candidate prior to that election. In the case of a continuing political committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW 42.17.065.
     (49) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form 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 and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.
     As used in this chapter, the singular shall take the plural and any gender, the other, as the context requires.

Sec. 68   RCW 42.17.040 and 2007 c 358 s 2 are each amended to read as follows:
     (1) Every political committee, within two weeks after its organization or, within two weeks after the date when it first has the expectation of receiving contributions or making expenditures in any election campaign, whichever is earlier, shall file a statement of organization with the commission and with the county auditor or elections officer of the county in which the candidate resides, or in the case of any other political committee, the county in which the treasurer resides. A political committee organized within the last three weeks before an election and having the expectation of receiving contributions or making expenditures during and for that election campaign shall file a statement of organization within three business days after its organization or when it first has the expectation of receiving contributions or making expenditures in the election campaign.
     (2) The statement of organization shall include but not be limited to:
     (a) The name and address of the committee;
     (b) The names and addresses of all related or affiliated committees or other persons, and the nature of the relationship or affiliation;
     (c) The names, addresses, and titles of its officers; or if it has no officers, the names, addresses, and titles of its responsible leaders;
     (d) The name and address of its treasurer and depository;
     (e) A statement whether the committee is a continuing one;
     (f) The name, office sought, and party affiliation of each candidate whom the committee is supporting or opposing((, and, if the committee is supporting the entire ticket of any party, the name of the party));
     (g) The ballot proposition concerned, if any, and whether the committee is in favor of or opposed to such proposition;
     (h) What distribution of surplus funds will be made, in accordance with RCW 42.17.095, in the event of dissolution;
     (i) The street address of the place and the hours during which the committee will make available for public inspection its books of account and all reports filed in accordance with RCW 42.17.080;
     (j) Such other information as the commission may by regulation prescribe, in keeping with the policies and purposes of this chapter;
     (k) The name, address, and title of any person who authorizes expenditures or makes decisions on behalf of the candidate or committee; and
     (l) The name, address, and title of any person who is paid by or is a volunteer for a candidate or political committee to perform ministerial functions and who performs ministerial functions on behalf of two or more candidates or committees.
     (3) Any material change in information previously submitted in a statement of organization shall be reported to the commission and to the appropriate county elections officer within the ten days following the change.

Sec. 69   RCW 42.17.093 and 2006 c 348 s 6 are each amended to read as follows:
     (1) An out-of-state political committee organized for the purpose of supporting or opposing candidates or ballot propositions in another state that is not otherwise required to report under RCW 42.17.040 through 42.17.090 shall report as required in this section when it makes an expenditure supporting or opposing a Washington state candidate or political committee. The committee shall file with the commission a statement disclosing:
     (a) Its name and address;
     (b) The purposes of the out-of-state committee;
     (c) The names, addresses, and titles of its officers or, if it has no officers, the names, addresses, and the titles of its responsible leaders;
     (d) The name, office sought, and party ((affiliation)) preference, if any, of each candidate in the state of Washington whom the out-of-state committee is supporting or opposing ((and, if such committee is supporting or opposing the entire ticket of any party, the name of the party));
     (e) The ballot proposition supported or opposed in the state of Washington, if any, and whether such committee is in favor of or opposed to such proposition;
     (f) The name and address of each person residing in the state of Washington or corporation which has a place of business in the state of Washington who has made one or more contributions in the aggregate of more than twenty-five dollars to the out-of-state committee during the current calendar year, together with the money value and date of such contributions;
     (g) The name, address, and employer of each person or corporation residing outside the state of Washington who has made one or more contributions in the aggregate of more than two thousand five hundred dollars to the out-of-state committee during the current calendar year, together with the money value and date of such contributions. Annually, the commission must modify the two thousand five hundred dollar limit in this subsection based on percentage change in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent twelve-month period by the bureau of economic analysis of the federal department of commerce;
     (h) The name and address of each person in the state of Washington to whom an expenditure was made by the out-of-state committee with respect to a candidate or political committee in the aggregate amount of more than fifty dollars, the amount, date, and purpose of such expenditure, and the total sum of such expenditures; and
     (i) Such other information as the commission may prescribe by rule in keeping with the policies and purposes of this chapter.
     (2) Each statement shall be filed no later than the tenth day of the month following any month in which a contribution or other expenditure reportable under subsection (1) of this section is made. An out-of-state committee incurring an obligation to file additional statements in a calendar year may satisfy the obligation by timely filing reports that supplement previously filed information.

Sec. 70   RCW 42.17.510 and 2005 c 445 s 9 are each amended to read as follows:
     (1) All written political advertising, whether relating to candidates or ballot propositions, shall include the sponsor's name and address. All radio and television political advertising, whether relating to candidates or ballot propositions, shall include the sponsor's name. The use of an assumed name for the sponsor of electioneering communications, independent expenditures, or political advertising ((shall be)) is unlawful. For partisan office, if a candidate has expressed a party ((or independent)) preference on the declaration of candidacy, that ((party or independent designation)) shall be clearly ((identified)) stated in electioneering communications, independent expenditures, or political advertising.
     (2) In addition to the materials required by subsection (1) of this section, except as specifically addressed in subsections (4) and (5) of this section, all political advertising undertaken as an independent expenditure by a person or entity other than a party organization, and all electioneering communications, must include the following statement as part of the communication "NOTICE TO VOTERS (Required by law): This advertisement is not authorized or approved by any candidate. It is paid for by (name, address, city, state)." If the advertisement undertaken as an independent expenditure or electioneering communication is undertaken by a nonindividual other than a party organization, then the following notation must also be included: "Top Five Contributors," followed by a listing of the names of the five persons or entities making the largest contributions in excess of seven hundred dollars reportable under this chapter during the twelve-month period before the date of the advertisement or communication.
     (3) The statements and listings of contributors required by subsections (1) and (2) of this section shall:
     (a) Appear on the first page or fold of the written advertisement or communication in at least ten-point type, or in type at least ten percent of the largest size type used in a written advertisement or communication directed at more than one voter, such as a billboard or poster, whichever is larger;
     (b) Not be subject to the half-tone or screening process; and
     (c) Be set apart from any other printed matter.
     (4) In an independent expenditure or electioneering communication transmitted via television or other medium that includes a visual image, the following statement must either be clearly spoken, or appear in print and be visible for at least four seconds, appear in letters greater than four percent of the visual screen height, and have a reasonable color contrast with the background: "No candidate authorized this ad. Paid for by (name, city, state)." If the advertisement or communication is undertaken by a nonindividual other than a party organization, then the following notation must also be included: "Top Five Contributors" followed by a listing of the names of the five persons or entities making the largest contributions in excess of seven hundred dollars reportable under this chapter during the twelve-month period before the date of the advertisement. Abbreviations may be used to describe contributing entities if the full name of the entity has been clearly spoken previously during the broadcast advertisement.
     (5) The following statement shall be clearly spoken in an independent expenditure or electioneering communication transmitted by a method that does not include a visual image: "No candidate authorized this ad. Paid for by (name, city, state)." If the independent expenditure or electioneering communication is undertaken by a nonindividual other than a party organization, then the following statement must also be included: "Top Five Contributors" followed by a listing of the names of the five persons or entities making the largest contributions in excess of seven hundred dollars reportable under this chapter during the twelve-month period before the date of the advertisement. Abbreviations may be used to describe contributing entities if the full name of the entity has been clearly spoken previously during the broadcast advertisement.
     (6) Political yard signs are exempt from the requirement of subsections (1) and (2) of this section that the name and address of the sponsor of political advertising be listed on the advertising. In addition, the public disclosure commission shall, by rule, exempt from the identification requirements of subsections (1) and (2) of this section forms of political advertising such as campaign buttons, balloons, pens, pencils, sky-writing, inscriptions, and other forms of advertising where identification is impractical.
     (7) For the purposes of this section, "yard sign" means any outdoor sign with dimensions no greater than eight feet by four feet.

NEW SECTION.  Sec. 71   The following acts or parts of acts are each repealed:
     (1) RCW 29A.04.310 (Primaries) and 2005 c 2 s 8, 2003 c 111 s 143, 1977 ex.s. c 361 s 29, 1965 ex.s. c 103 s 6, & 1965 c 9 s 29.13.070;
     (2) RCW 29A.20.201 (Declarations of candidacy required, exceptions--Payment of fees) and 2004 c 271 s 113;
     (3) RCW 29A.24.030 (Declaration of candidacy) and 2005 c 2 s 9, 2003 c 111 s 603, 2002 c 140 s 1, & 1990 c 59 s 82;
     (4) RCW 29A.24.210 (Vacancy in partisan elective office -- Special filing period) and 2005 c 2 s 10 & 2003 c 111 s 621;
     (5) RCW 29A.24.211 (Vacancy in partisan elective office -- Special filing period) and 2006 c 344 s 10 & 2004 c 271 s 116;
     (6) RCW 29A.28.011 (Major party ticket) and 2004 c 271 s 191;
     (7) RCW 29A.28.021 (Death or disqualification--Correcting ballots--Counting votes already cast) and 2006 c 344 s 11 & 2004 c 271 s 192;
     (8) RCW 29A.32.036 (Even year primary contents) and 2004 c 271 s 122;
     (9) RCW 29A.36.010 (Certifying primary candidates) and 2005 c 2 s 12 & 2003 c 111 s 901;
     (10) RCW 29A.36.104 (Partisan primary ballots--Formats) and 2007 c 38 s 2 & 2004 c 271 s 126;
     (11) RCW 29A.36.106 (Partisan primary ballots--Required statements) and 2007 c 38 s 3 & 2004 c 271 s 127;
     (12) RCW 29A.36.171 (Nonpartisan candidates qualified for general election) and 2004 c 271 s 170;
     (13) RCW 29A.36.191 (Partisan candidates qualified for general election) and 2004 c 271 s 133;
     (14) RCW 29A.52.106 (Intent) and 2004 c 271 s 140;
     (15) RCW 29A.52.111 (Application of chapter--Exceptions) and 2004 c 271 s 173;
     (16) RCW 29A.52.116 (Application of chapter--Exceptions) and 2004 c 271 s 139;
     (17) RCW 29A.52.141 (Instructions) and 2004 c 271 s 141;
     (18) RCW 29A.52.151 (Ballot format--Procedures) and 2007 c 38 s 4 & 2004 c 271 s 142; and
     (19) RCW 29A.80.011 (Authority--Generally) and 2004 c 271 s 183.