SENATE BILL REPORT

EHB 1341

BYRepresentatives Sanders, Fisher, Miller, Amondson and May

Revising procedures for write-in voting.

House Committe on Constitution, Elections & Ethics

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 22, 1988; February 24, 1988

Majority Report:  Do pass as amended.

      Signed by Senators McCaslin, Chairman; DeJarnatt, Garrett, Halsan, Metcalf.

Senate Staff:Sam Thompson (785-7754); Desley Brooks (786-7443)

                  February 25, 1988

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 24, 1988

BACKGROUND:

A voter may vote for any person for an office by writing in the name of the person on the ballot.  A number of restrictions apply to write-in voting in partisan races.  In general, a write-in vote is invalid unless the political party affiliation of the candidate is indicated, only those write-in votes for a candidate that constitute the greatest number of a single party designation are valid.

Write-in votes cast by absentee ballots for any uncontested office, other than the office of precinct committeeperson, are not to be tabulated by the canvassing board.

If a person is nominated at a primary as a write-in candidate but has not previously paid the filing fee, the person's name cannot be printed on the general election ballot unless the person pays the filing fee and files a declaration of candidacy.  In lieu of paying a filing fee, a person filing a declaration of candidacy may indicate that he or she is without sufficient assets or income to pay the fee and attach a nominating petition.

SUMMARY:

Persons who desire to be write-in candidates and have their votes counted at a primary or election must file a declaration of candidacy not later than the day before the primary or election. The declaration of candidacy is similar to that otherwise required by law and must be accompanied by the filing fee or a supplemental nominating petition.  The person may not file if he or she filed as a candidate (as a write-in or otherwise) for the same office at the preceding primary.  In addition, the person may not file if he or she already filed as a write-in candidate (or the person's name appears on the ballot for another office) at that primary or election unless one of the two offices sought is that of precinct committeeperson.

Write-in votes cast for persons who file declarations of candidacy and write-in votes for any person appointed by a political party to fill a ballot vacancy must be counted.  Write-in votes for any other person are not to be counted.

If the jurisdiction of the office that a write-in candidate seeks is entirely within one county, the declaration of candidacy is filed with the county auditor.  If the jurisdiction of the office sought encompasses more than one county, the declaration of candidacy is filed with the Secretary of State.

The requirement that the party affiliation of a write-in candidate for partisan office be indicated on the ballot by the person casting a vote for a write-in candidate is stricken.

SUMMARY OF PROPOSED SENATE AMENDMENT:

A write-in candidate need not file a declaration of candidacy in order to have his or her votes counted.  However, if a declaration of candidacy is not filed, the voter is required to indicate the office sought and the position number or party affiliation (if applicable) of the write-in candidate.  Write-in candidates may not appear in the state voter's pamphlet unless they have qualified to have their name printed on the general election ballot.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Representative Sanders, sponsor (for); Representative Fisher, sponsor( for); Dean Williams, Snohomish County Auditor (for); John Pearson, Office of the Secretary of State (for); Jane Hague, King County (for)