SENATE BILL REPORT

I 99

BYrequest of the Citizens of Washington State

Presidential Primary.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 6, 1989

Majority Report:  Do pass and be referred to Committee on Ways & Means.

      Signed by Senators McCaslin, Chairman; DeJarnatt, Sutherland.

Senate Staff:Sam Thompson (786-7754); Eugene Green (786-7405)

                  February 6, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):February 21, 1989; February 22, 1989

Majority Report:  Do pass.

      Signed by Senators McDonald, Chairman; Bailey, Bluechel, Cantu, Fleming, Gaspard, Hayner, Johnson, Lee, Newhouse, Niemi, Owen, Talmadge, Wojahn.

Senate Staff:Featherstone Reid (786-7715)

                  February 23, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 22, 1989

BACKGROUND:

In presidential election years, delegates from this state to the national nominating conventions of the major political parties are allocated to candidates through caucus and convention systems.  In contrast, approximately two-thirds of the states have established presidential primaries in which delegates are allocated to candidates based upon the results of votes cast in a primary. 

Rules of the major political parties have required persons wishing to participate in the delegate selection process for their national conventions to be identified as members of that party.  In recent decisions of the U. S. Supreme Court, party rules have been held to override state election laws in certain circumstances, including eligibility to participate in primaries. These decisions are based upon freedom of association rights guaranteed in the federal Constitution.

Washington conducts open primaries for the selection of party nominees for election to state and local offices.  Voters are not required to register as members of a political party in order to vote for a party's nominees.  Most states require such registration before voters are eligible to cast votes for a party's nominees. 

SUMMARY:

An initiative to the Legislature establishes a presidential preference primary.  A voter may request the ballot of one major political party and cast a vote for a candidate of that party. Delegates will be selected to national conventions based upon the result of the primary.  The Secretary of State is granted the authority to adopt administrative rules to facilitate the operation of the primary.

INTENT.  The current nominating caucus system is declared to be restrictive of voter participation and discriminatory against certain voters.  The declared intent is to make the nominating process more open and representative of the will of the people.  To the extent practicable, party rules will continue to dictate the selection of delegates, according to the result of the primary.

DATE.  The primary will be held on the fourth Tuesday in May of each presidential election year, unless the Secretary of State selects another date "to advance the concept of a regional primary".

BALLOTS.  A separate ballot will be prepared for each major political party.  The names of all authorized candidates will be listed in alphabetical order, with a box next to each name to indicate preference.  A blank space for write-in candidates will also be provided. 

A "major political party" is defined elsewhere in election law as a party of which a candidate for national or statewide office received at least 5 percent of the vote cast in the last preceding even-year general election.

BALLOT REQUEST FORMS.  Voters will specify, on a ballot request form, their name and address and the party primary in which they wish to participate.  The completed ballot request forms will be maintained by the county auditor for a period specified by the Secretary of State, after which they will be destroyed.

The Secretary of State is authorized to prescribe rules for providing each party a list of voters who participated in the party's presidential primary.

CANDIDATES.  The names of candidates for nomination to the presidency may be placed on the ballot of a major political party in two ways.  First, the Secretary of State is granted the discretion to include a candidate on the ballot if the secretary determines that the candidacy is "generally advocated or recognized in the news media."  Second, a candidate's name will be placed on the ballot if the Secretary of State receives a petition signed by at least 1,000 registered voters claiming affiliation with the candidate's party and advocating the candidacy.  The petition must be filed with the Secretary of State at least 39 days prior to the primary. 

A candidate may prevent the placing of his or her name upon the ballot by filing an affidavit disclaiming his or her candidacy.  The affidavit must be filed with the Secretary of State at least 35 days before the primary.

DELEGATES.  The results of the primary will determine the percentage of delegate positions allocated to each candidate in the Washington delegation at a party's national convention. Candidates must receive at least 15 percent of the vote cast for the party's candidates (or the percentage set by the party's national rules) in order to be allocated delegate positions.  These candidates will receive (proportionately) the votes cast for candidates who do not receive at least 15 percent of the vote cast.  Delegates are committed to vote for the candidate for which they were selected for the first two ballots at the national convention, or until the candidate formally releases them.  If a candidate dies, his or her delegates will be considered uncommitted.

COSTS.  The state will assume the cost of the presidential primary.  If any other elections are held at the same time, the state is liable only for its prorated share.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: GOVERNMENTAL OPERATIONS:  Ross Davis, Jocelyn Marchisio, Steve Zemke, Jonathan Parks, Emily Skone, Bob Vanek, all Citizens for a Presidential Primary (pro); Jennifer Dunn, Chairman, Washington Republican Party (con); Jim Medley (con); Ralph Munro, Secretary of State (pro); Rep. Shirley Hankins (pro); Karen Marchioro, Chairman, Washington Democratic Party (pro); Patsy Campbell, League of Women Voters (pro)

Senate Committee - Testified: WAYS & MEANS:  Patsy Campbell, League of Women Voters (pro); Ross Davis, Citizens for a Presidential Primary (pro); Ralph Munro, Secretary of State (pro)