SENATE BILL REPORT

SB 6058

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.

Brief Summary of Bill

Requires write-in candidates to file declarations of candidacy to be eligible to have votes for the candidate tabulated.
Eliminates filing fee for write-in candidates who declare candidacy at least 18 days before the election.
Requires write-in candidates for offices with annual salaries of less than $1,000 to pay a $25 filing fee if declaring candidacy within 18 days of the election.

Background: Write-In Candidacies. Any person may file for an office as a write-in candidate after the closing of the filing period for elective offices. Write-in candidates may, but are not required to, file a declaration of write-in candidacy for the office up to 18 days before the election. A declaration of write-in candidacy must be accompanied by the filing fee for the office—1 percent of the annual salary for the office sought, or $10 for any office with an annual salary of $1,000 or less. No filing fee is required for an office compensated on a per diem basis.

A person may not file as a write-in candidate under the following conditions:

the person attempting to file has filed as a write-in candidate for the same office or the person's name appeared on the ballot for the same office at the preceding primary;
the person attempting to file has already filed a valid write-in declaration for that primary or election;
the name of the person attempting to file already appears on the ballot as a candidate for another office, other than precinct committee officer; or
the office filed for is committee precinct officer.

Counting Write-In Votes. The number of write-in votes cast for each office must be recorded and reported with the canvass for the election. A write-in vote for an individual candidate is not tabulated unless:

the difference between the number of votes cast for the two candidates receiving the most votes and the write-in candidate is less than the total number of write-in votes for the office; or

a manual recount is conducted for that office.

Summary of Bill: Counting Write-In Votes. Votes may not be counted or individually tallied for an individual write-in candidate who has not filed a declaration of write-in candidacy, accompanied by the appropriate filing fee, by 8:00 p.m. the night of the election.

Declaration of Write-In Candidacy. Any person who files a declaration of write-in candidacy more than 18 days before a primary or general election is not required to pay a filing fee. A person who files a declaration of write-in candidacy 18 or fewer days before a primary or general election must pay a filing fee of 1 percent of the office's annual salary if the annual salary is greater than $1,000, or a $25 filing fee if the annual salary is $1,000 or less.

Staff Summary of Public Testimony: PRO: This is aimed at making sure votes for Mickey Mouse or Donald Duck do not have to be tallied, while legitimate write-in candidates have access to the ballot. This will solve election administration problems. The requirement that contact information must be provided for a declaration be filed, removes confusion arising from common names, and eliminates someone getting enough votes and not wanting to be a write-in candidate. The bill places a very reasonable burden on a person who would like to serve in elected office.