SENATE BILL REPORT

SB 5187

BYSenators Pullen, Talmadge, Nelson, Hayner, Thorsness, Rasmussen and Madsen

Changing provisions relating to nonpartisan and judicial elections.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 17, 1989; January 26, 1989; January 24, 1990

Senate Staff:Dick Armstrong (786-7460)

AS OF JANUARY 18, 1990

BACKGROUND:

Current statutory law provides that if a candidate for justice, judge, or Superintendent of Public Instruction receives a majority of all the votes cast for the position in the primary, only the name of the person receiving the highest vote total is printed on the general election ballot.  However, in the case of candidates for superior court judge, Article IV, Section 29 of the Washington State Constitution supersedes the statute in two instances:  (1) in counties containing a population of 100,000 or more, if only one candidate has filed as of the last day for withdrawals of candidacy, no primary or election is held and the candidate receives a certificate of election; and, (2) if, in any county having a contested primary, only one candidate is entitled to have his or her name printed on the general election ballot for any single position, there is no election for that position and the candidate receives a certificate of election.

It is suggested that the pertinent statutory language be repealed always to require the inclusion of candidates for justice, judge, or Superintendent of Public Instruction with the two highest primary vote totals on the general election ballot.

SUMMARY:

The election laws for candidates for justice of the Supreme Court, judge of the Court of Appeals, judge of the superior court, and Superintendent of Public Instruction are revised to provide that candidates for these nonpartisan offices will always be elected at the general election, and not at a primary election.

A primary election for a judicial position or Superintendent of Public Instruction is not held if, after the last day for candidates to withdraw, there are not more than two candidates for the position of justice of the Supreme Court, judge of the Court of Appeals, judge of the superior court, or Superintendent of Public Instruction.  The names of the candidates appear on the general election ballot.

If there are more than two candidates for a nonpartisan position, a primary election is held and the two candidates for the position who receive the highest vote totals in the primary appear on the general election ballot.

Statements may be printed in the voter's pamphlet for any person who is the sole nominee for any nonpartisan or judicial office.

EFFECT OF PROPOSED SUBSTITUTE:

A primary and a general election are to be held for all candidates for judicial office and the Superintendent of Public Instruction.

The name of a candidate may appear only on a general election ballot if the candidate receives at least 1 percent of the votes cast for all the candidates at the primary.

Statements are not to be printed in the voter's pamphlet for any person who is the sole nominee for any nonpartisan or judicial office.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested