BILL REQ. #:  H-3769.1 

Read first time 01/30/14.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to when a write-in candidate's name may be printed on the general election ballot; and amending RCW 29A.24.311.

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

Sec. 1   RCW 29A.24.311 and 2013 c 11 s 91 are each amended to read as follows:
     (1) 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 ballots must be mailed according to RCW 29A.40.070. 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.
     (2) Votes cast for write-in candidates who have filed such declarations of candidacy 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, if the manner in which the write-in is done does not make the office or position clear.
     (3) No person may file as a write-in candidate where:
     (a) 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;
     (b) The person attempting to file as a write-in candidate has already filed a valid write-in declaration for that primary or election;
     (c) The name of the person attempting to file already appears on the ballot as a candidate for another office, unless the other office is precinct committee officer or a temporary elected position, such as charter review board member or freeholder;
     (d) The office filed for is committee precinct officer.
     (4) A person wishing to file as a write-in candidate for the general election may have his or her name printed on the general election ballot if:
     (a) A primary for the office was not held; and
     (b) The candidate has filed a declaration of candidacy, paid the filing fee required under this section, and filed a petition that contains the signatures of registered voters of the district for the office being sought with the officer designated in RCW 29A.24.070 no later than fourteen days after the date of the primary election. The petition must contain signatures from at least one percent of the total number of votes cast for the office in the previous general election for that office. If the handwriting of the signature on the petition is not the same as the handwriting of the signature on the registration file, the signature may not be counted.
     (5) 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.