HOUSE BILL REPORT

 

 

                                    HB 1572

 

 

BYRepresentatives R. Fisher and McLean; by request of Secretary of State

 

 

Clarifying procedures for nominations of minor parties and independent candidates.

 

 

House Committe on State Government

 

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives R. Fisher, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; Hankins, R. King, Morris, O'Brien, Sayan and Silver.

 

      House Staff:Kenneth Hirst (786-7105)

 

 

        AS REPORTED BY COMMITTEE ON STATE GOVERNMENT FEBRUARY 23, 1989

 

BACKGROUND:

 

Minor party and independent candidates for partisan, elective offices must be nominated by conventions.  These nominating conventions must be held on the last Saturday before the first day of the period established by law for filing declarations of candidacy.  Such a convention must be attended by, and the nomination of each candidate must be supported by the signatures of, the greater of the following number of registered voters: 25; or one for each 10,000 persons who voted in the jurisdiction of the office sought at the last Presidential election.

 

Certificates of nomination with the required number of supporting signatures must be filed with the Secretary of State.  The Secretary must canvass the signatures.  If the Secretary finds invalid signatures, the presiding officer or secretary of the nominating convention may request the signatures to be rechecked by the appropriate county auditor.

 

A declaration of candidacy for each person nominated under this system must be filed with the Secretary of State within one week of the time the certificate of nomination is filed with the Secretary.

 

SUMMARY:

 

SUBSTITUTE BILL:  The convention held for nominating a minor party or independent candidate for a partisan elective office must be attended by at least 25 registered voters. The nomination of candidates for the office of President and Vice-President, U.S. Senator, or state-wide office must be supported by the signatures of 200 registered voters obtained at one or more nominating conventions.  The nomination of a candidate for any other office must be supported by the signatures of 25 persons who are registered to vote in the jurisdiction of the office.  The signatures of these 25 voters must be obtained at a single convention.  Such a convention must be held during a specified week before the filing of declarations of candidacy for an election.

 

The certificates of nomination from a convention must be filed with the county auditor if the nominations are for offices entirely within one county.  If a convention nominates candidates for other offices, all certificates of nomination must be filed with the Secretary of State.

 

The elections officer with whom a certificate is filed must canvass the signatures and notify the presiding officer and other interested parties of the results. Appeals of the determination of the elections officer are made to superior court. State law no longer directs the Secretary of State to destroy the signature lists submitted by nominating conventions nominations, if the signatures are not in dispute, as a means of ensuring the confidentiality of the signatures.  The nominating petitions are, however, not available for public inspection or copying.

 

A convention nominating candidates for President and Vice-President must submit lists of Presidential electors to the Secretary of State within 10 days of the adjournment of the convention.

 

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill provides a period for conducting minor party or independent candidate conventions prior to a special election held to fill a vacancy; and permits a registered voter to sign a nominating petition for more than one office.

 

Fiscal Note:      Requested February 15, 1989.

 

House Committee ‑ Testified For:    John Pearson, Office of the Secretary of State.

 

House Committee - Testified Against:      None Presented.

 

House Committee - Testimony For:    The bill alters the dates during which conventions are held so that the paperwork from the conventions can be filed before the period for filing declarations of candidacy.  It also makes it easier to explain how many signatures are required on a nominating petition and permits a party to hold multiple nominating conventions for statewide offices.

 

House Committee - Testimony Against:      None Presented.