SENATE BILL REPORT

SB 6303

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of January 30, 2014

Title: An act relating to withdrawal of candidacy.

Brief Description: Modifying withdrawal of candidacy provisions.

Sponsors: Senators Honeyford, Dammeier, Braun, Tom, Fain, Angel, Bailey, Becker and Hill.

Committee Activity: Governmental Operations: 1/30/14.

SENATE COMMITTEE ON GOVERNMENTAL OPERATIONS

Staff: Samuel Brown (786-7470)

Background: Candidates for elective office must file a declaration of candidacy in order to appear on the ballot. If the office sought is a federal or statewide office, a position in the state Legislature, the Court of Appeals, or a Superior Court district composed of multiple counties, the declaration must be filed with the Secretary of State. For all other offices, the declaration of candidacy must be filed with the county auditor. The filing period begins at the opening of business on the Monday two weeks before Memorial Day and ends at the close of business on that Friday.

For elective offices with a fixed annual salary of $1,000 or less, the candidate must pay a filing fee of $10 to accompany the declaration of candidacy. No filing fee is required for precinct committee officer candidates or for any offices where compensation is on a per-diem or per-meeting-attended basis. For all other offices, the filing fee is 1 percent of the annual salary. A candidate may have their filing fee waived if a petition, signed by the number of voters equal to the number of dollars of the filing fee, is filed with the elections officer at the same time as the declaration of candidacy.

A candidate may withdraw their declaration of candidacy by filing a signed request that their name not be printed on the ballot with the same officer that the declaration of candidacy is filed with. The request for withdrawal of candidacy must be filed before the close of business on the Monday following the close of the filing period. The candidate may not receive a refund of their filing fee if they withdraw.

Summary of Bill: If an incumbent officeholder who has filed for re-election withdraws their declaration of candidacy, the filing period for that office is extended 72 hours after the close of business on the last day for candidates to withdraw their declarations of candidacy.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: OTHER: The Secretary of State's Office has no position on this bill. This bill might need a clarification that the filing period would close, then re-open. It would still be too late for a candidate who filed for another position to switch positions.

Persons Testifying: OTHER: Katie Blinn, Office of the Secretary of State.