Z-842 _______________________________________________
HOUSE BILL NO. 1572
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State of Washington 51st Legislature 1989 Regular Session
By Representatives R. Fisher and McLean; by request of Secretary of State
Read first time 1/30/89 and referred to Committee on State Government.
AN ACT Relating to nominations by minor parties and independent candidates; amending RCW 29.24.020, 29.24.030, 29.24.040, 29.24.060, and 29.24.070; adding new sections to chapter 29.24 RCW; and repealing RCW 29.24.050, 29.24.075, and 29.24.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 29.24 RCW to read as follows:
Each minor party or independent candidate must publish a notice in a newspaper of general circulation within the county in which it intends to hold a convention. The notice must appear at least ten days before the convention is to be held, and shall state the date, time, and place of the convention. Additionally, it shall include the mailing address of the person or organization sponsoring the convention.
Sec. 2. Section 29.24.020, chapter 9, Laws of 1965 as amended by section 2, chapter 329, Laws of 1977 ex. sess. and RCW 29.24.020 are each amended to read as follows:
Any
nomination of a candidate for partisan public office by other than a major
political party shall only be made either: (1) In a convention held ((on
the last Saturday immediately preceding the first day for filing declarations
of candidacy specified in RCW 29.18.030)) not earlier than the last
Saturday in June and not later than the first Saturday in July or fixed in
accordance with RCW 29.68.080 ((or 29.68.090)); or (2) as provided by
RCW 29.51.170. A minor political party may hold more than one convention but
in no case shall any such party nominate more than one candidate for any one
partisan public office or position. For the purpose of nominating candidates
for the offices of president and vice-president, United States senator, or a
state-wide office, a minor party or independent candidate holding multiple
conventions may add together the number of signatures from each convention
obtained in support of the candidate or candidates in order to obtain the
number required by RCW 29.24.030. For all other offices for which nominations
are made, signatures of the requisite number of registered voters must be
obtained at a single convention.
Sec. 3. Section 29.24.030, chapter 9, Laws of 1965 as amended by section 3, chapter 329, Laws of 1977 ex. sess. and RCW 29.24.030 are each amended to read as follows:
To be valid, a convention must:
(1) Be
attended by at least ((a number of individuals who are registered to vote in
the election jurisdiction for which nominations are to be made, which number is
equal to one for each ten thousand voters or portion thereof who voted in the
last preceding presidential election held in that election jurisdiction or
twenty-five such registered voters, whichever number is greater)) twenty-five
registered voters;
(2) ((Have
been called by a notice published in a newspaper of general circulation
published in the county in which the convention is to be held at least ten days
before the date of the convention stating the date, hour, and place of
meeting. The notice shall also include the mailing address of the person or
organization sponsoring the convention, if any)) In order to nominate
candidates for the office of president and vice-president, United States
senator, or state-wide office, submit the signatures of two hundred registered
voters to the filing officer, and in order to nominate candidates for any
other offices, submit to the filing officer the signatures of twenty-five
persons who are registered to vote in the jurisdiction for which the nomination
is made.
Sec. 4. Section 29.24.040, chapter 9, Laws of 1965 as amended by section 4, chapter 329, Laws of 1977 ex. sess. and RCW 29.24.040 are each amended to read as follows:
A certificate evidencing nominations made at a convention must:
(1) Be in writing;
(2) Contain
the name of each person nominated, his residence, and the office for which he
is named((; together with a sworn statement of each nominee giving his
consent to the said nominations)), and if the nomination is for the
office of president and vice-president, a sworn statement from both nominees
giving their consent to the nomination;
(3) ((Designate
in not more than five words the purpose for which the convention was held or
the new or minor political party, organization, or principle which the convention
represents)) Identify the minor political party or the independent
candidate on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and secretary;
(5) Be ((signed
by at least a number of individuals who are registered to vote in the election
jurisdiction for which the nominations are made and who attended the
convention, which number is equal to the number of registered voters who must
have attended the convention for it to be valid under RCW 29.24.030 as now or
hereafter amended;
(6) Show
the voting addresses of all signers)) accompanied by a nominating petition or petitions bearing the
signatures and addresses of registered voters equal in number to that required
by RCW 29.24.030;
(((7)))
(6) Contain proof of publication of the notice of calling the
convention; and
(((8)))
(7) Be submitted to the ((secretary of state not later than the last
day for filing declarations of candidacy under RCW 29.18.030, or fixed in
accordance with RCW 29.68.080 or 29.68.090)) appropriate filing officer
not later than one week following the adjournment of the convention at which
the nominations were made. If the nominations are made only for offices whose
jurisdiction is entirely within one county, the certificate and nominating
petitions must be filed with the county auditor. If a minor party or
independent candidate convention nominates any candidates for offices whose
jurisdiction encompasses more than one county, all nominating petitions and the
convention certificates must be filed with the secretary of state.
NEW SECTION. Sec. 5. A new section is added to chapter 29.24 RCW to read as follows:
A nominating petition submitted under this chapter shall clearly identify the name of the minor party or independent candidate convention as it appears on the certificate of nomination as required by RCW 29.24.030(3). The petition shall also contain a statement that the person signing the petition is a registered voter of the state of Washington and shall have a space for the voter to sign his or her name and to print his or her name and address. No person may sign more than one nominating petition.
NEW SECTION. Sec. 6. A new section is added to chapter 29.24 RCW to read as follows:
A minor political party or independent candidate convention nominating candidates for the office of president and vice-president shall, not later than ten days after the adjournment of the convention, submit a list of presidential electors to the office of the secretary of state. The list shall contain the names and the mailing addresses of the persons selected and shall be verified by the presiding officer of the convention.
Sec. 7. Section 29.24.060, chapter 9, Laws of 1965 as amended by section 6, chapter 329, Laws of 1977 ex. sess. and RCW 29.24.060 are each amended to read as follows:
Upon the
receipt of the certificate of nomination ((of a convention, the secretary of
state shall check the certificate and canvass the signatures thereon to
ascertain if the requirements of RCW 29.24.040, as now or hereafter amended,
have been met. If the secretary of state finds that the certificate does not
comply with law he shall refuse to file the same and any declarations of
candidacy of candidates nominated by such convention. Within two weeks after
the last day of the filing period, as specified by RCW 29.18.030, or fixed in
accordance with RCW 29.68.080 or 29.68.090, the secretary of state shall notify
the presiding officer and secretary of each convention of any signatures judged
invalid, together with the reason for any such judgment. Within one week after
such notification, upon request of the presiding officer or secretary of any
such convention, the county auditor shall recheck the voter registration
records and shall notify the secretary of state of any signatures validated
upon rechecking.
On the
seventh day after filing a nominating certificate or notifying the presiding
officer or secretary of a convention of any signatures judged invalid on a
nominating certificate, the secretary of state shall destroy the portion of the
certificate which contains the signatures, names, and addresses of convention
participants unless the certificate is in dispute, in which case that portion
shall be retained until the dispute is resolved. Upon resolution of any such
dispute, the secretary of state shall destroy that portion of the nominating
certificate. In no case shall the fact that a voter participated in a
particular convention be disclosed to any person other than the election
official who checks the validity of signatures on nominating certificates)), the officer with whom it is filed shall check the
certificate and canvass the signatures on the accompanying nominating petitions
to determine if the requirements of RCW 29.24.030 have been met. Once the
determination has been made, the filing officer shall notify the presiding
officer of the convention and any other persons requesting the notification, of
his or her decision regarding the sufficiency of the certificate or the
nominating petitions. Any appeal regarding the filing officer's determination
must be filed with the superior court of the county in which the certificate or
petitions were filed not later than five days from the date the determination
is made, and shall be heard and finally disposed of by the court within five
days of the filing. Nominating petitions shall not be available for
inspection or copying.
Sec. 8. Section 29.24.070, chapter 9, Laws of 1965 as amended by section 7, chapter 329, Laws of 1977 ex. sess. and RCW 29.24.070 are each amended to read as follows:
((If a
nominating certificate is valid, each candidate, except for the positions of
president or vice president, whose nomination is evidenced thereby may file
with the secretary of state a declaration of candidacy in the form prescribed
for candidates subject to primary election, and each candidate must at the time
of filing such declaration pay to the secretary of state the fee prescribed by
law for candidates subject to primary election.)) Not later than the
Friday immediately preceding the first day for candidates to file, the
secretary of state shall notify the county auditors of the names and
designations of all minor party and independent candidates who have filed valid
convention certificates and nominating petitions with that office. Except for
the offices of president and vice-president, persons nominated under this
chapter shall file declarations of candidacy as provided by RCW 29.18.030 and
29.18.040. The name of a candidate nominated at a convention shall not be
printed upon the primary ballot unless he pays the fee required by law to be
paid by candidates for the same office to be nominated at a primary.
NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:
(1) Section 29.24.050, chapter 9, Laws of 1965, section 5, chapter 329, Laws of 1977 ex. sess. and RCW 29.24.050;
(2) Section 8, chapter 329, Laws of 1977 ex. sess. and RCW 29.24.075; and
(3) Section 29.24.090, chapter 9, Laws of 1965 and RCW 29.24.090.