BILL REQ. #:  S-3005.4 

READ FIRST TIME 04/21/09.   

     AN ACT Relating to reducing costs of the elections division of the office of the secretary of state; amending RCW 29A.52.330, 29A.52.340, 43.78.030, 29A.32.031, 29A.32.040, 29A.32.050, 29A.40.061, 29A.72.025, 29A.04.530, 29A.04.540, 29A.04.570, 43.07.310, and 29A.40.150; reenacting and amending RCW 29A.32.070; and repealing RCW 29A.04.236 and 29A.04.245.

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

Sec. 1   RCW 29A.52.330 and 2003 c 111 s 1311 are each amended to read as follows:
     Subject to the availability of funds appropriated specifically for that purpose, the secretary of state shall publish notice of the proposed constitutional amendments and other state measures that are to be submitted to the people at a state general election up to four times during the four weeks immediately preceding that election in every legal newspaper in the state. ((The secretary of state shall supplement this publication with an equivalent amount of radio and television advertisements.))

Sec. 2   RCW 29A.52.340 and 2003 c 111 s 1312 are each amended to read as follows:
     The newspaper ((and broadcast)) notice required by Article XXIII, section 1, of the state Constitution ((and RCW 29A.52.330)) may set forth all or some of the following information:
     (1) A legal identification of the state measure to be voted upon.
     (2) The official ballot title of such state measure.
     (3) A brief statement explaining the constitutional provision ((or state law)) as it presently exists.
     (4) A brief statement explaining the effect of the state measure should it be approved.
     (5) The total number of votes cast for and against the measure in both the state senate and house of representatives.
     No individual candidate or incumbent public official may be referred to or identified in these notices or advertisements.

Sec. 3   RCW 43.78.030 and 1994 c 82 s 1 are each amended to read as follows:
     The public printer shall print and bind the session laws, the journals of the two houses of the legislature, all bills, resolutions, documents, and other printing and binding of either the senate or house, as the same may be ordered by the legislature; and such forms, blanks, record books, and printing and binding of every description as may be ordered by all state officers, boards, commissions, and institutions, and the supreme court, and the court of appeals and officers thereof, as the same may be ordered on requisition, from time to time, by the proper authorities. This section shall not apply to the printing of the supreme court and the court of appeals reports, to the printing of bond certificates or bond offering disclosure documents, to the printing of educational publications of the state historical societies, to voters' pamphlets printed by the secretary of state, or to any printing done or contracted for by institutions of higher education: PROVIDED, That institutions of higher education, in consultation with the public printer, develop vendor selection procedures comparable to those used by the public printer for contracted printing jobs. Where any institution or institution of higher learning of the state is or may become equipped with facilities for doing such work, it may do any printing: (1) For itself, or (2) for any other state institution when such printing is done as part of a course of study relative to the profession of printer. Any printing and binding of whatever description as may be needed by any institution or agency of the state department of social and health services not at Olympia, or the supreme court or the court of appeals or any officer thereof, the estimated cost of which shall not exceed one thousand dollars, may be done by any private printing company in the general vicinity within the state of Washington so ordering, if in the judgment of the officer of the agency so ordering, the saving in time and processing justifies the award to such local private printing concern.
     Beginning on July 1, 1989, and on July 1 of each succeeding odd-numbered year, the dollar limit specified in this section shall be adjusted as follows: The office of financial management shall calculate such limit by adjusting the previous biennium's limit by an appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest fifty dollars.

Sec. 4   RCW 29A.32.031 and 2008 c 1 s 12 (Initiative Measure No. 960) are each amended to read as follows:
     The voters' pamphlet published or distributed under RCW 29A.32.010 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)) from candidates 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)) contact information and a photograph not more than five years old ((and of a size and quality)) in a format 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)) Contact information for 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 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;
     (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))) (5) Contact information for major political parties;
     (6) A brief statement explaining the deletion and addition of language for proposed measures under RCW 29A.32.080; and
     (((9))) (7) 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. 5   RCW 29A.32.040 and 2003 c 111 s 804 are each amended to read as follows:
     (1) Explanatory statements prepared by the attorney general under RCW 29A.32.070 (3) and (4) must be written in clear and concise language, avoiding legal and technical terms when possible, and filed with the secretary of state no later than the tenth day of August.
     (2) When the explanatory statement for a measure initiated by petition is filed with the secretary of state, the secretary of state shall immediately provide the text of the explanatory statement to the person proposing the measure and any others who have made written request for notification of the exact language of the explanatory statement. When the explanatory statement for a measure referred to the ballot by the legislature is filed with the secretary of state, the secretary of state shall immediately provide the text of the explanatory statement to the presiding officer of the senate and the presiding officer of the house of representatives and any others who have made written request for notification of the exact language of the explanatory statement.
     (3) A person dissatisfied with the explanatory statement may appeal to the superior court of Thurston County within five days of the filing date. A copy of the petition and a notice of the appeal must be served on the secretary of state and the attorney general. The court shall examine the measure, the explanatory statement, and objections, and may hear arguments. The court shall render its decision and certify to and file with the secretary of state an explanatory statement it determines will meet the requirements of this chapter.
     The decision of the superior court is final, and its explanatory statement is the established explanatory statement. The appeal must be heard without costs to either party.

Sec. 6   RCW 29A.32.050 and 2003 c 111 s 805 are each amended to read as follows:
     The attorney general shall, by the ((first)) tenth day of ((July)) August preceding each general election, prepare the explanatory statements required ((in)) under RCW ((29A.52.340)) 29A.32.070 (3) and (4). Such statements shall be prepared in clear and concise language and shall avoid the use of legal and other technical terms insofar as possible. Any person dissatisfied with the explanatory statement so prepared may at any time within ten days from the filing thereof in the office of the secretary of state appeal to the superior court of Thurston county by petition setting forth the proposed state measure, the explanatory statement prepared by the attorney general, and his or her objection thereto and praying for the amendment thereof. A copy of the petition and a notice of such appeal shall be served on the secretary of state and the attorney general. The court shall, upon filing of the petition, examine the proposed state measure, the explanatory statement, and the objections thereto and may hear argument thereon and shall, as soon as possible, render its decision and certify to and file with the secretary of state such explanatory statement as it determines will meet the requirement of RCW 29A.52.330, 29A.52.340, and this section. The decision of the superior court shall be final and its explanatory statement shall be the established explanatory statement. Such appeal shall be heard without costs to either party.

Sec. 7   RCW 29A.32.070 and 2008 c 1 s 13 (Initiative Measure No. 960, approved November 6, 2007) are each reenacted and amended to read as follows:
     The secretary of state shall determine the format and layout of the voters' pamphlet published under RCW 29A.32.010. The secretary of state shall print the pamphlet in clear, readable type on a size, quality, and weight of paper that in the judgment of the secretary of state best serves the voters. The pamphlet must contain a table of contents. ((Federal and state offices must appear in the pamphlet in the same sequence as they appear on the ballot.)) Measures and arguments must be printed in the order specified by RCW 29A.72.290.
     The voters' pamphlet must provide the following information for each statewide issue on the ballot except measures for an advisory vote of the people whose requirements are provided in subsection (11) of this section:
     (1) The legal identification of the measure by serial designation or number;
     (2) The official ballot title of the measure;
     (3) A statement prepared by the attorney general explaining the law as it presently exists;
     (4) A statement prepared by the attorney general explaining the effect of the proposed measure if it becomes law;
     (5) The fiscal impact statement prepared under RCW ((29.79.075)) 29A.72.025;
     (6) The total number of votes cast for and against the measure in the senate and house of representatives, if the measure has been passed by the legislature;
     (7) An argument advocating the voters' approval of the measure together with any statement in rebuttal of the opposing argument;
     (8) An argument advocating the voters' rejection of the measure together with any statement in rebuttal of the opposing argument;
     (9) Each argument or rebuttal statement must be followed by the names of the committee members who submitted them, and may be followed by a telephone number that citizens may call to obtain information on the ballot measure;
     (10) The full text of the measure;
     (11) Two pages shall be provided in the general election voters' pamphlet for each measure for an advisory vote of the people under RCW 43.135.041 and shall consist of the serial number assigned by the secretary of state under RCW 29A.72.040, the short description formulated by the attorney general under RCW 29A.72.283, the tax increase's most up-to-date ten-year cost projection, including a year-by-year breakdown, by the office of financial management under RCW 43.135.031, and the names of the legislators, and their contact information, and how they voted on the increase upon final passage so they can provide information to, and answer questions from, the public. For the purposes of this subsection, "names of legislators, and their contact information" includes each legislator's position (senator or representative), first name, last name, party affiliation (for example, Democrat or Republican), city or town they live in, office phone number, and office e-mail address.

Sec. 8   RCW 29A.40.061 and 2004 c 271 s 134 are each amended to read as follows:
     (1) The county auditor shall issue an absentee ballot for the primary or election for which it was requested, or for the next occurring primary or election when ongoing absentee status has been requested if the information contained in a request for an absentee ballot or ongoing absentee status received by the county auditor is complete and correct and the applicant is qualified to vote under federal or state law. Otherwise, the county auditor shall notify the applicant of the reason or reasons why the request cannot be accepted. Whenever two or more candidates have filed for the position of precinct committee officer for the same party in the same precinct, the contest for that position must be presented to absentee voters from that precinct by either including the contest on the regular absentee ballot or a separate absentee ballot. The ballot must provide space designated for writing in the name of additional candidates.
     (2) A registered voter may obtain a replacement ballot if the ballot is destroyed, spoiled, lost, or not received by the voter. The voter may obtain the ballot by telephone request, by mail, electronically, or in person. The county auditor shall keep a record of each replacement ballot provided under this subsection.
     (3) ((A copy of the state voters' pamphlet must be sent to registered voters temporarily outside the state, out-of-state voters, overseas voters, and service voters along with the absentee ballot if such a pamphlet has been prepared for the primary or election and is available to the county auditor at the time of mailing.)) The county auditor shall mail all absentee ballots and related material to voters outside the territorial limits of the United States and the District of Columbia under 39 U.S.C. 3406. If candidate and ballot measure information is available on the web site of the county auditor or secretary of state, the county auditor shall provide the appropriate web site information with the ballot materials.

Sec. 9   RCW 29A.72.025 and 2004 c 266 s 4 are each amended to read as follows:
     The office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency, shall prepare a fiscal impact statement for each of the following state ballot measures: (1) An initiative to the people that is certified to the ballot; (2) an initiative to the legislature that will appear on the ballot; (3) an alternative measure appearing on the ballot that the legislature proposes to an initiative to the legislature; (4) a referendum bill referred to voters by the legislature; and (5) a referendum measure appearing on the ballot. Fiscal impact statements must be written in clear and concise language ((and)), avoid legal and technical terms when possible, and be filed with the secretary of state no later than the tenth day of August. Fiscal impact statements may include easily understood graphics.
     A fiscal impact statement must describe any projected increase or decrease in revenues, costs, expenditures, or indebtedness that the state or local governments will experience if the ballot measure were approved by state voters. Where appropriate, a fiscal impact statement may include both estimated dollar amounts and a description placing the estimated dollar amounts into context. A fiscal impact statement must include both a summary of not to exceed one hundred words and a more detailed statement that includes the assumptions that were made to develop the fiscal impacts.
     Fiscal impact statements must be available online from the secretary of state's web site and included in the state voters' pamphlet. Additional information may be posted on the web site of the office of financial management.

Sec. 10   RCW 29A.04.530 and 2006 c 206 s 1 are each amended to read as follows:
     The secretary of state shall:
     (1) Establish and operate, or provide by contract, training and certification programs for state and county elections administration officials and personnel, including training on election laws, the various types of election law violations, and discrimination((, and training programs for political party observers which conform to the rules for such programs established under RCW 29A.04.630));
     (2) Administer tests for state and county officials and personnel who have received such training and issue certificates to those who have successfully completed the training and passed such tests;
     (3) Maintain a record of those individuals who have received such training and certificates; and
     (4) Provide the staffing and support services required by the board created under RCW 29A.04.510.

Sec. 11   RCW 29A.04.540 and 2003 c 111 s 152 are each amended to read as follows:
     A person having responsibility for the administration or conduct of elections, other than precinct election officers, shall, within eighteen months of undertaking those responsibilities, receive general training regarding the conduct of elections and specific training regarding their responsibilities and duties as prescribed by this title or by rules adopted by the secretary of state under this title. Included among those persons for whom such training is mandatory are the following:
     (1) Secretary of state elections division personnel;
     (2) County elections administrators under RCW 36.22.220; and
     (3) ((County canvassing board members;
     (4) Persons officially designated by each major political party as elections observers; and
     (5))) Any other person or group charged with election administration responsibilities if the person or group is designated by rule adopted by the secretary of state as requiring the training.
     ((The secretary of state shall reimburse election observers in accordance with RCW 43.03.050 and 43.03.060 for travel expenses incurred to receive training required under subsection (4) of this section.))
     Neither this section nor RCW 29A.04.530 may be construed as requiring an elected official to receive training or a certificate of training as a condition for seeking or holding elective office or as a condition for carrying out constitutional duties.

Sec. 12   RCW 29A.04.570 and 2005 c 240 s 1 are each amended to read as follows:
     (1)(a) The election review staff of the office of the secretary of state shall conduct a review of election-related policies, procedures, and practices in an affected county or counties:
     (i) If the unofficial returns of a primary or general election for a position in the state legislature indicate that a mandatory recount is likely for that position; or
     (ii) If unofficial returns indicate a mandatory recount is likely in a statewide election or an election for federal office.
     Reviews conducted under (a)(ii) of this subsection shall be performed in as many selected counties as time and staffing permit. Reviews conducted as a result of mandatory recounts shall be performed between the time the unofficial returns are complete and the time the recount is to take place, if possible.
     (b) In addition to conducting reviews under (a) of this subsection, the election review staff shall also conduct such a review in a county at least once ((in each three-year period)) every five years, in conjunction with a county primary or special or general election, at the direction of the secretary of state or at the request of the county auditor. If staffing or budget levels do not permit a ((three)) five- year election cycle for reviews, then reviews must be done as often as possible. If any resident of this state believes that an aspect of a primary or election has been conducted inappropriately in a county, the resident may file a complaint with the secretary of state. The secretary shall consider such complaints in scheduling periodic reviews under this section.
     (c) Before an election review is conducted in a county, the secretary of state shall provide the county auditor of the affected county and the chair of the state central committee of each major political party with notice that the review is to be conducted. When a periodic review is to be conducted in a county at the direction of the secretary of state under (b) of this subsection, the secretary shall provide the affected county auditor not less than thirty days' notice.
     (2) Reviews shall be conducted in conformance with rules adopted under RCW 29A.04.630. In performing a review in a county under this chapter, the election review staff shall evaluate the policies and procedures established for conducting the primary or election in the county and the practices of those conducting it. As part of the review, the election review staff shall issue to the county auditor and the members of the county canvassing board a report of its findings and recommendations regarding such policies, procedures, and practices. A review conducted under this chapter shall not include any evaluation, finding, or recommendation regarding the validity of the outcome of a primary or election or the validity of any canvass of returns nor does the election review staff have any jurisdiction to make such an evaluation, finding, or recommendation under this title.
     (3) The county auditor or the county canvassing board shall respond to the review report in writing, listing the steps that will be taken to correct any problems listed in the report. Within one year of issuance of the response provided by the county auditor or county canvassing board, the secretary of state shall ((visit the county before the next state primary or general election to)) verify that the county has taken the steps ((they listed)) to correct the problems noted in the report.
     (4) The county auditor of the county in which a review is conducted under this section or a member of the canvassing board of the county may appeal the findings or recommendations of the election review staff regarding the review by filing an appeal with the board created under RCW 29A.04.510.

Sec. 13   RCW 43.07.310 and 2003 c 111 s 2303 are each amended to read as follows:
     The secretary of state, through the division of elections, is responsible for the following duties, as prescribed by Title 29A RCW:
     (1) The filing, verification of signatures, and certification of state initiative, referendum, and recall petitions;
     (2) The production and distribution of a state voters' pamphlet;
     (3) The examination, testing, and certification of voting equipment, voting devices, and vote-tallying systems;
     (4) The administration, canvassing, and certification of the presidential primary, state primaries, and state general elections;
     (5) The administration of motor voter and other voter registration and voter outreach programs;
     (6) The training, testing, and certification of state and local elections personnel as established in RCW 29A.04.530;
     (7) ((The training of state and local party observers required by RCW 29A.04.540;
     (8))) The conduct of ((postelection)) reviews as established in RCW 29A.04.570; and
     (((9))) (8) Other duties that may be prescribed by the legislature.

Sec. 14   RCW 29A.40.150 and 2006 c 206 s 7 are each amended to read as follows:
     ((The secretary of state shall produce and furnish envelopes and instructions for overseas voters and service voters.)) The information on the envelopes or instructions for overseas voters and service voters must explain that:
     (1) Return postage is free if the ballot is mailed through the United States postal service, United States armed forces postal service, or the postal service of a United States foreign embassy;
     (2) The date of the signature is considered the date of mailing;
     (3) The envelope must be signed by election day;
     (4) The signed declaration on the envelope is the equivalent of voter registration;
     (5) A voter may fax a voted ballot and the accompanying envelope if the voter agrees to waive secrecy. The ballot will be counted if the original documents are received before certification of the election; and
     (6) A voter may obtain a ballot via electronic mail, which the voter may print out, vote, and return by mail. In order to facilitate the electronic acquisition of ballots by overseas and service voters, the ballot instructions shall include the web site of the office of the secretary of state.

NEW SECTION.  Sec. 15   The following acts or parts of acts are each repealed:
     (1) RCW 29A.04.236 (Manual of election laws and rules) and 2005 c 244 s 1; and
     (2) RCW 29A.04.245 (Voter guide) and 2003 c 111 s 140 & 2001 c 41 s 4.