AN ACT Relating to noncontested offices; amending RCW 29.01.006, 29.21.090, 29.30.091, 29.30.310, 29.30.390, and 29.30.490; adding a new section to chapter 29.30 RCW; and adding a new section to chapter 29.62 RCW.

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

Sec. 1. Section 1, chapter 361, Laws of 1977 ex. sess. and RCW 29.01.006 are each amended to read as follows:

As used in this title:

(1) "Ballot" shall mean a paper ballot, a voting machine diagram, a ballot label, a ballot book, a ballot page, or any combination thereof as the context may imply;

(2) "Paper ballot" shall mean a piece of paper whereon the candidates and measures to be voted upon for a particular election or a primary appear and upon which a voter may directly indicate a vote for any candidate or for or against any measure or unopposed candidate;

(3) "Voting machine diagram" means an illustration of a voting machine complete with ballot labels prepared for a particular election or a primary;

(4) "Ballot card" means any type of tabulating card or cards or ballots of any size upon which the voter records his vote and shall also include either a security flap or an envelope issued to each voter at ballot card precincts for the voter to conceal his voted ballot to insure secrecy and to provide a space for the voter to cast write-in votes if he so desires;

(5) "Ballot label" means the card or paper containing the names of offices and candidates and the statements of measures to be voted upon;

(6) "Ballot page" means the pages on the vote recorder used to display the printed ballot titles and the names of candidates together with properly aligned numbers of response positions;

(7) "Chad" means the ((~~price [piece]~~)) piece of material which is removed or partially removed when punching a hole or notch in a prescored ballot card.

Sec. 2. Section 29.21.090, chapter 9, Laws of 1965 and RCW 29.21.090 are each amended to read as follows:

The names of candidates for nonpartisan office shall appear on election and primary ballots under the proper office designation followed by the instruction "vote for one" unless more than one position is to be filled for the same office in which case the proper word shall be substituted for the word "one." If a candidate for nonpartisan office is unopposed in a general or special election, the name shall be followed by "yes" and "no" designations.

NEW SECTION. Sec. 3. A new section is added to chapter 29.30 RCW to read as follows:

If a candidate for any state or local office is unopposed, the ballots under RCW 29.30.091, 29.30.390, and 29.30.490 shall contain "yes" or "no" designations for that candidate.

Sec. 4. Section 61, chapter 361, Laws of 1977 ex. sess. as amended by section 2, chapter 121, Laws of 1982 and RCW 29.30.091 are each amended to read as follows:

The arrangement of paper ballots used in general elections shall in general conform as nearly as possible to the following form:

GENERAL ELECTION BALLOT

.......... County

(Date of election)

Instructions: If you desire to vote for any candidate, place X in ¨ at the right of the name of such candidate. If you desire to vote for or against any measure, place an X in the appropriate ¨ following such measure. You may vote "yes" or "no" in the appropriate ¨ for any unopposed candidate for state or local office. To vote for a person not on the ballot, write the name of the candidate and the political party affiliation in the space provided.

(Here place any state measures to be voted on.)

!ix@p3@w2!tm3,3,1 !tc

@p0 PRESIDENT AND VICE PRESIDENT

OF THE UNITED STATES

!tp1,4,1!tl!ss1!tt!tcVote!sc ,1for!sc ,1!ttone

!tl(name!sc ,1of!sc ,1!ttcandidate)!sc ,2ü!tt!tr!ss1!tt

!tcand!trý !w× (party)!w× !tr¨

!tj1!tr(name!sc ,1of!sc ,1candidate)!sc ,2_

!tj1!tr(name!sc ,1of!sc ,1candidate)!sc ,2ü

!tcand!trý !w× (party)!w× !tr¨

!tj1!tr(name!sc ,1of!sc ,1candidate)!sc ,2_

!tj1!tr(name!sc ,1of!sc ,1candidate)!sc ,2ü

!tcand!trý !w× (party)!w× !tr¨

!tj1!tr(name!sc ,1of!sc ,1candidate)!sc ,2_

!w-

UNITED STATES SENATOR

!tp1,4,1!tj1!tcVote!sc ,1for!sc ,1one

!tl(name of candidate) !w×!tr(party)!sc ,1¨

@w2 !ix(Other partisan offices follow on the ballot in the same form.)

!ix@w2

NONPARTISAN OFFICES

!w-

SUPERINTENDENT OF PUBLIC INSTRUCTION

!tp1,4,1!tj1!tcVote!sc ,1for!sc ,1one

!tl(name of candidate) !w× !tr¨

!tl(name of candidate) !w×!tr¨

!ix!w-

JUSTICE OF STATE SUPREME COURT

POSITION .....

!tp1,4,1!tj1!tcVote!sc ,1for!sc ,1one

!tl(name of candidate) !w× !tr¨

@w2

!ix(Other nonpartisan offices follow on the ballot in the same form.)

Sec. 5. Section 33, chapter 361, Laws of 1977 ex. sess. as amended by section 12, chapter 167, Laws of 1986 and RCW 29.30.310 are each amended to read as follows:

All ballot pages for primary, general, or special elections in counties using voting devices shall be uniform in color and size, shall be white, and shall be printed in black ink. The first page shall be identified at the top with the name of the election, the county in which the ballot page is to be used, and the date of the election. On the front of the first ballot page or prominently displayed on each voting device to be used at a primary, general, or special election, there shall be printed instructions directing the voters how to properly record a vote for any candidate and for or against any measure. Beginning at the top of the left hand column, at the left of the line shall appear the name of the position for which the names to the immediate right are candidates, and below the name of the office or position the words, "Vote for", then the words "One", "Two", or a spelled number designating how many persons under that head are to be voted for, except that for unopposed candidates for state or local offices in general and special elections, the name shall be followed by "yes" and "no" designations. Immediately to the right of the name of the office or position shall come the names of all candidates for that position, each followed by the name of the political party, if any, with which the candidate desires to affiliate or the word "nonpartisan", with an arrow or other notation at the right edge of the ballot page indicating where the voter is to punch or otherwise mark his ballot for that candidate. Each position with the names running for that office, shall be separated from the following one by a bold line. All ballot cards for primary elections shall be sequentially numbered, but done in such a way to permit removal of such numbers without leaving any identifying marks on the ballot. There shall be no marks on the ballot cards which would distinguish an individual voter's ballot card from other ballot cards in the same precinct.

Sec. 6. Section 41, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.390 are each amended to read as follows:

The arrangement of the ballot pages used in general elections shall conform as nearly as possible to the following form:

GENERAL ELECTION BALLOT

.......... County

(Date of election)

To vote for a candidate or for or against a measure or unopposed candidate, punch through the ballot card in the hole to the right of the measure or of the name of the person ((~~for whom you desire to vote~~)) indicating your preference. To vote for a person not on the ballot, write the title of the office, the name of the candidate, and party affiliation if for a partisan office, in the space provided on the ballot card or ballot envelope.

(Here place any state measures to be voted on.)

@p3@w2 !tp1,1,1!tl|(Name of candidate) !tlü

!tl|!sc ,6and!tlý !w (Party)--->!sc ,001

!tl|(Name of candidate) !tl_

!ae0 !tm1,1,1!tcPRESIDENT

!tcAND!sc ,1VICE

!ae0 !tp1,1,1!tl|!w-

!tl|(Name of candidate) !tlü

!ae0 !tm1,1,1 !tcPRESIDENT

!tcOF!sc ,1THE

!ae0 !tp1,1,1!tl|!sc ,6and!tlý!w (Party)--->!sc ,001

!tl|(Name of candidate) !tl_

!ae0 !tm1,1,1 !tcUNITED!sc ,1STATES

!tp1,1,1 !tl|!w-

!tl|(Name of candidate) !tlü

!ae0 !tm1,1,1 !tcVote!sc ,1for!sc ,1one

!tp1,1,1 !tl|!sc ,6and !tlý !w (Party)--->!sc ,001

!tl|(Name of candidate) !tl_

!w-

!tl|(Name of candidate)!w (Party)--->!sc ,001

!ae0 !tm1,1,1 !tcUNITED

!tcSTATES

!ae0 !tp1,1,1 !tl|!w-

!tl|(Name of candidate) !w (Party)--->!sc ,001

!ae0 !tm1,1,1 !tcSENATOR

!tp1,1,1!tl|!w-

!tl|(Name of candidate)!w (Party)--->!sc ,001

!ae0 !tm1,1,1 !tcVote!sc ,1for!sc ,1one

@w2@p0 (Other partisan offices follow on the ballot in the same form.)

@p3@w2 NONPARTISAN BALLOT

@w2 !tm1,1,1!tcSUPERINTENDENT

!ae0 !tp1,1,1!tl|

!tl|(Name of candidate) !w Nonpartisan--->!sc ,001

!ae0 !tm1,1,1 !tcOF!sc ,1PUBLIC

!tcINSTRUCTION

!ae0 !tp1,1,1 !tl|

!tl|(Name of candidate)!w Nonpartisan--->!sc ,001

!tl|

!ae0 !tm1,1,1!tcVote!sc ,1for!sc ,1one

!w-

!tcJUSTICE!sc ,1OF!sc ,1THE

!ae0 !tp1,1,1!tl|

!tl|(Name of candidate)!w Nonpartisan--->!sc ,001

!ae0 !tm1,1,1!tcSUPREME!sc ,1COURT

!trPOSITION

!ae0!tl .....

!ae0 !tp1,1,1 !tl|

!tl|(Name of candidate)!w Nonpartisan--->!sc ,001

!tl|

!ae0 !tm1,1,1!tcVote!sc ,1for!sc ,1one

@w2@p0 (Other nonpartisan offices follow on the ballot in the same form.)

!ix

Sec. 7. Section 50, chapter 361, Laws of 1977 ex. sess. andRCW 29.30.490 are each amended to read as follows:

(1) Displayed within the voting machine shall be instructions including the following: If you desire to vote for any candidate, pull down the lever above the name of such candidate. If you desire to vote for or against any measure or unopposed candidate, pull down the lever over the "Yes" or "No" above such measure or candidate's name. To vote for a person not on the ballot, write the name of the candidate in the space provided.

(2) The arrangement of the ballot labels used in general elections shall conform as nearly as possible to the following form:

(Here place any state or local measures to be voted on.)

@p3@w2 !tm1,1!tcPRESIDENT!sc ,1AND!tcUNITED!sc ,1STATES

!ae0 !tp1,1!tc|

!tc|

!ae0 !tm1,1!tcVICE!sc ,1PRESIDENT!tcSENATOR

!tcOF!sc ,1THE

!ae0 !tp1,1!tc|

!tc|

!ae0 !tm1,1!tcUNITED!sc ,1STATES

!tcVote!sc ,1for!sc ,1one!tcVote!sc ,1for!sc ,1one

!ae0 !tp1,1!tc|

!w-

!tc|

!ae0 !tm1,1!tc(Names!sc ,1of!sc ,1candidates)!tc(Name!sc ,1of!sc ,1candidate)

!tc(Party)!tc(Party)

!ae0 !tp1,1!tc|

!w-

!tc|

!ae0 !tm1,1!tc(Names!sc ,1of!sc ,1candidates)!tc(Name!sc ,1of!sc ,1candidate)

!tc(Party)!tc(Party)

!ae0 !tp1,1!tc|

!w-

!tc|

!ae0 !tm1,1!tc(Names!sc ,1of!sc ,1candidates)!tc(Name!sc ,1of!sc ,1candidate)

!ae0 !tp1,1 !tc|

!tm1,1!tc(Party) !tc(Party)

@w2@p0 (Other partisan offices follow to the right in the same form.)

Nonpartisan offices appear on a separate portion of the voting machine in the following form:

@p3@w2 !tm1,1!tcSUPERINTENDENT!sc ,1OF!tcJUSTICE!sc ,1OF!sc ,1THE

!ae0 !tp1,1!tc|

!tc|

!ae0 !tm1,1!tcPUBLIC!sc ,1INSTRUCTION!tcSUPREME!sc ,1COURT

!tj1!trPOSITION

!ae0!tj1!tl .....

!ae0 !tp1,1!tc|

!tc|

!ae0 !tm1,1!tcVote!sc ,1for!sc ,1one!tcVote!sc ,1for!sc ,1one

!w-

!tc(Name!sc ,1of!sc ,1candidate)!tc(Name!sc ,1of!sc ,1candidate)

!ae0 !tp1,1!tc|

!tc|

!ae0 !tm1,1!tcNonpartisan!tcNonpartisan

!w-

!tc(Name!sc ,1of!sc ,1candidate)!tc(Name!sc ,1of!sc ,1candidate)

!ae0 !tp1,1!tc|

!tc|

!ae0 !tm1,1!tcNonpartisan!tcNonpartisan

@w2@p0

NEW SECTION. Sec. 8. A new section is added to chapter 29.62 RCW to read as follows:

An unopposed candidate for a state or local office who receives a greater number of "no" votes than "yes" votes shall not be qualified to fill the position. The position shall be deemed vacant until the next general election and the appointing authority who would have appointed a person to fill a vacancy during an unexpired term shall make an appointment. The person who agrees to accept the appointment shall not be eligible for reappointment or be eligible to seek election to the position until the next succeeding full term for which the position is open. Before being qualified to hold the office the appointee shall sign the following affidavit:

"AFFIDAVIT

I, .......... do hereby agree and understand that the appointment I am about to accept is one which I shall not be able to run for in the unexpired term. I further agree not to attempt to acquire the position by seeking a write-in vote or by any other means. I agree the term of office shall be for only one calendar year. I agree that I shall not be able to apply or run for the position until the unexpired term (or full term) has expired and the position is open for another full term.

!tp1,1 !tlDated this ... day of ......, 19...

!tl!w.

!tl!sc ,12Signature

Witnessed!sc ,1!sc.,21

!tlSworn and Subscribed on

!tl!w.

!tlNotary Public for the State of

!tlWashington

!tlResiding at !w.

!tlMy commission expires on !w."

The affidavit shall be filed with the secretary of state and if applicable with the appropriate county auditor's office.