AN ACT Relating to candidates for elective office; amending RCW 29.18.010, 29.18.015, 29.18.025, 29.18.040, 29.18.050, 29.18.105, 29.18.120, 29.18.200, 29.21.010, 29.21.015, 29.21.070, 29.21.140, 29.30.040, 28A.57.314, 29.04.180, 29.13.025, 29.18.150, 29.24.070, 29.68.080, 35A.29.105, 35A.29.110, 53.12.035, and 54.12.010; reenacting and amending RCW 29.42.040; adding a new section to chapter 29.01 RCW; adding new sections to chapter 29.30 RCW; creating a new chapter in Title 29 RCW; recodifying RCW 29.13.075, 29.18.015, 29.18.025, 29.18.032, 29.18.040, 29.18.045, 29.18.050, 29.18.053, 29.18.055, 29.18.057, 29.18.070, 29.18.080, 29.18.105, 29.21.140, 29.21.350, 29.21.360, 29.21.370, 29.21.380, 29.21.385, 29.21.390, and 29.21.400; creating new sections; repealing RCW 29.18.020, 29.18.022, 29.18.030, 29.18.031, 29.18.035, 29.18.060, 29.18.090, 29.18.100, 29.18.110, 29.21.017, 29.21.020, 29.21.040, 29.21.060, 29.21.075, 29.21.080, 29.21.085, 29.21.090, 29.21.110, 29.21.120, 29.21.130, 29.21.150, 29.21.160, 29.21.180, 29.21.190, 29.21.200, 29.21.210, 29.21.220, and 29.21.330; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 29.01 RCW to read as follows:

"Filing officer" means the county or state officer with whom declarations of candidacy for an office are required to be filed under this title.

Sec. 2. Section 29.18.010, chapter 9, Laws of 1965 and RCW 29.18.010 are each amended to read as follows:

((~~All~~)) Candidates for ((~~state, congressional, legislative, county, municipal, and precinct elective~~)) the following offices shall be nominated at ((a)) partisan ((~~primary election~~)) primaries held pursuant to the provisions of this chapter: ((~~PROVIDED, That this chapter shall not apply to elections:~~

~~(1) To fill unexpired terms occasioned by vacancies;~~

~~(2) For nonpartisan elective offices;~~

~~(3) For presidential electors;~~

~~(4) In first class cities whose charters provide a nonpartisan method of nominating candidates;~~

~~(5) In fourth class cities or towns;~~

~~(6) In first, second and third class cities holding nonpartisan elections under RCW 29.21.010~~))

(1) Congressional offices;

(2) All state offices except (a) judicial offices and (b) the office of superintendent of public instruction;

(3) All county offices except (a) judicial offices and (b) those offices where a county home rule charter provides otherwise.

Sec. 3. Section 1, chapter 52, Laws of 1965 and RCW 29.18.015 are each amended to read as follows:

Not less than ((~~ten~~)) thirty days before the ((~~time~~)) first day for filing declarations of candidacy under RCW 29.18.025 as recodified by this 1990 act for ((~~the office of state representative in representative districts embracing more than one county~~)) legislative, judicial, county, city, town, or district office, where more than one position with the same name, district number, or title will be voted upon at the succeeding election, the ((~~secretary of state~~)) filing officer shall ((~~in each case~~)) designate the positions to be filled by ((~~consecutive~~)) number ((commencing with the number, "No. 1". The county auditor shall do likewise for state representative positions in counties wherein the representative districts are confined to the whole or part of a single county)).

The ((~~state representative~~)) positions so designated shall be dealt with as separate offices for all election purposes. ((~~The provisions of this section shall not apply to those representative districts assigned a single state representative position~~)) With the exception of the office of justice of the supreme court, the position numbers shall be assigned, whenever possible, to reflect the position numbers that were used to designate the same positions at the last full-term election for those offices.

NEW SECTION. Sec. 4. A new section is added to chapter 29.30 RCW to read as follows:

After the close of business on the last day for candidates to file for office, the filing officer shall, from among those filings made in person and by mail, determine by lot the order in which the names of those candidates will appear on all sample and absentee ballots. In the case of candidates for city, town, and district office, this procedure shall also determine the order for candidate names on the official primary ballot used at the polling place. The determination shall be done publicly and may be witnessed by the media and by any candidate. If no primary is required for any nonpartisan office under RCW 29.13.075 as recodified by this act or 29.21.015, the names shall appear on the general election ballot in the order determined by lot.

Sec. 5. Section 2, chapter 142, Laws of 1984 as amended by section 8, chapter 167, Laws of 1986 and RCW 29.18.025 are each amended to read as follows:

Except where otherwise provided by ((~~state law~~)) this title, declarations of candidacy for the following offices shall be filed during regular business hours with the ((~~secretary of state or the county auditor~~)) filing officer no earlier than the fourth Monday in July and no later than the following Friday in the year in which the office is scheduled to be voted upon:

(1) Offices that are scheduled to be voted upon for full terms or both full terms and short terms at, or in conjunction with, a state general election; and

(2) Offices where a vacancy, other than a short term, exists that has not been filled by election and for which an election to fill the vacancy is required in conjunction with the next state general election.

This section supersedes all other statutes that provide for a different filing period for these offices.

NEW SECTION. Sec. 6. A candidate who desires to have his or her name printed on the ballot for election to an office other than president of the United States, vice-president of the United States, or an office for which ownership of property is a prerequisite to voting shall complete and file a declaration and affidavit of candidacy. The secretary of state shall adopt, by rule, a declaration of candidacy form for the office of precinct committee officer and a separate standard form for candidates for all other offices filing under this chapter. Included on the standard form shall be:

(1) A place for the candidate to declare that he or she is a registered voter within the jurisdiction of the office for which he or she is filing, and the address at which he or she is registered;

(2) A place for the candidate to indicate the position for which he or she is filing;

(3) A place for the candidate to indicate a party designation, if applicable;

(4) A place for the candidate to indicate the amount of the filing fee accompanying the declaration of candidacy or for the candidate to indicate that he or she is filing a nominating petition in lieu of the filing fee under RCW 29.18.050 as recodified by this act;

(5) A place for the candidate to sign the declaration of candidacy, stating that the information provided on the form is true and swearing or affirming that he or she will support the Constitution and laws of the United States and the Constitution and laws of the state of Washington.

The secretary of state may require any other information on the form he or she deems appropriate to facilitate the filing process.

NEW SECTION. Sec. 7. When filing for office, a candidate may indicate the manner in which he or she desires his or her name to be printed on the ballot. For filing purposes, a candidate may use a nickname by which he or she is commonly known as his or her first name, but the last name shall be the name under which he or she is registered to vote.

No candidate may:

(1) Use a nickname that denotes present or past occupation, including military rank;

(2) Use a nickname that denotes the candidate's position on issues or political affiliation;

(3) Use a nickname designed intentionally to mislead voters.

The secretary of state shall adopt rules to resolve those instances when candidates have filed for the same office whose last names are so similar in sound or spelling as to be confusing to the voter.

Sec. 8. Section 29.18.040, chapter 9, Laws of 1965 as last amended by section 30, chapter 361, Laws of 1977 ex. sess. and RCW 29.18.040 are each amended to read as follows:

Declarations of candidacy shall be filed ((~~as follows~~)) with the following filing officers:

(1) The secretary of state for declarations of candidacy for state-wide offices, United States senate, and United States house of representatives((~~, and~~));

(2) The secretary of state for declarations of candidacy for the state legislature, the court of appeals, and the superior court when ((~~electors~~)) voters from a district comprising more than one county vote upon the candidates((~~, in the office of the secretary of state~~));

((~~(2)~~)) (3) The county auditor for all other offices((~~, when electors from only one county vote upon the candidates, in the office of the county auditor~~)). For any nonpartisan office, other than judicial offices, where voters from a district comprising more than one county vote upon the candidates, a declaration of candidacy shall be filed with the county auditor of the county in which a majority of the registered voters of the district reside.

Each official with whom declarations of candidacy are filed under this section, within one business day following the closing of the applicable filing period, shall forward to the public disclosure commission a copy of each declaration of candidacy filed in his office during such filing period or a list containing the name of each candidate who files such a declaration in his office during such filing period together with a precise identification of the position sought by each such candidate and the date on which each such declaration was filed. Such official, within three days following his receipt of any letter withdrawing a person's name as a candidate, shall also forward a copy of such withdrawal letter to the public disclosure commission.

Sec. 9. Section 29.18.050, chapter 9, Laws of 1965 as last amended by section 2, chapter 295, Laws of 1987 and RCW 29.18.050 are each amended to read as follows:

A filing fee of one dollar shall accompany each declaration of candidacy for precinct committee officer; a filing fee of ten dollars shall accompany the declaration of candidacy for any office with ((an)) a fixed annual salary of one thousand dollars or less; a filing fee equal to one percent of the annual salary of the office at the time of filing shall accompany the declaration of candidacy for any office with ((an)) a fixed annual salary of more than one thousand dollars per annum. No filing fee need accompany a declaration of candidacy for any office for which compensation is on a per diem or per meeting attended basis, nor for the filing of any declaration of candidacy by a write-in candidate.

A candidate who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit with his or her declaration of candidacy a nominating petition. The petition shall contain not less than a number of signatures of registered voters equal to the number of dollars of the filing fee. The signatures shall be of voters registered to vote within the jurisdiction of the office for which the candidate is filing.

When the candidacy is for:

(1) ((~~A federal or state-wide office, the fee shall be paid to the secretary of state for deposit in the state treasury.~~

~~(2)~~)) A legislative or judicial office that includes territory from more than one county, the fee shall be paid to the secretary of state for equal division between the treasuries of the counties comprising the district.

((~~(3) A county office or a legislative, judicial, or district office that includes territory from a single county, the fee shall be paid to the county auditor for deposit in the county treasury.~~

~~(4)~~)) (2) A city or town office, the fee shall be paid to the county auditor who shall transmit it to the city or town clerk for deposit in the city or town treasury.

Sec. 10. Section 7, chapter 142, Laws of 1984 and RCW 29.18.105 are each amended to read as follows:

A candidate may withdraw his or her declaration of candidacy at any time before the ((~~Friday~~)) close of business on the Thursday following the last day for candidates to file under RCW 29.18.025 as recodified by this 1990 act by filing, with the officer with whom the declaration of candidacy was filed, a ((~~written,~~)) signed request that his or her name not be printed on the ballot. There shall be no withdrawal period for declarations of candidacy filed during special filing periods held under ((~~RCW 29.18.032, 29.21.360, 29.21.370, or 29.68.080~~)) this title. The filing officer may permit the withdrawal of a filing for the office of precinct committee officer at the request of the candidate at any time if no absentee ballots have been issued for that office and the general election ballots for that precinct have not been printed. No filing fee may be refunded to any candidate who withdraws under this section. Notice of the deadline for withdrawal of candidacy and that the filing fee is not refundable shall be given to each candidate at the time he or she files.

Sec. 11. Section 29.18.120, chapter 9, Laws of 1965 as amended by section 1, chapter 112, Laws of 1971 ex. sess. and RCW 29.18.120 are each amended to read as follows:

So far as applicable, the provisions ((in relation to the holding of elections, the solicitation of voters at the polls, the challenging of voters, the manner of conducting elections, of counting the ballots and making returns and canvass thereof, and all other kindred subjects shall apply to all primaries and the election officers shall have the same powers for primary elections as they have for)) of this title relating to conducting general elections shall govern the conduct of primaries.

Sec. 12. Section 29.18.200, chapter 9, Laws of 1965 and RCW 29.18.200 are each amended to read as follows:

Except as provided otherwise in chapter 29.19 RCW, all properly registered voters may vote for their choice at any primary ((~~election~~)) held under this title, for any candidate for each office, regardless of political affiliation and without a declaration of political faith or adherence on the part of the voter.

Sec. 13. Section 29.21.010, chapter 9, Laws of 1965 as last amended by section 3, chapter 53, Laws of 1977 and RCW 29.21.010 are each amended to read as follows:

All ((~~cities and towns shall hold primary elections irrespective of type or form of government which~~)) city and town primaries shall be nonpartisan ((~~and held as provided in RCW 29.13.070, as now or hereafter amended. All~~)). Primaries for special purpose districts, except those districts ((~~which~~)) that require ownership of property within ((~~said~~)) the district((s)) as a prerequisite to voting, shall ((~~hold primary elections which shall~~)) be nonpartisan ((~~and~~)). City, town, and district primaries shall be held as provided in RCW 29.13.070 ((~~as now or hereafter amended.~~

All names of candidates to be voted upon at city, town, and such district primary elections shall be printed upon the official primary ballot alphabetically in groups under the designation of the respective titles of the offices for which they are candidates. The name of the person who receives the greatest number of votes and of the person who receives the next greatest number of votes for each position, shall appear in that order on the city, town, or district general election ballot concerned under the designation for each respective office. In the event there are two or more offices to be filled for the same position, then names of candidates receiving the highest number of votes equal in number to twice the offices to be filled shall appear on the city, town, or district general election ballot so that the voter shall have a choice of two candidates for each position: PROVIDED, That no name of any candidate shall appear on the city, town, or district general election ballot unless said candidate shall receive at least five percent of the total votes cast for that office. The sequence of names of candidates printed on the city, town, or district general election ballot shall be in relation to the number of votes each candidate received at the primary. Names of candidates printed upon the city, town, or district primary and general election ballot need not be rotated)).

The purpose of this section is to establish the holding of a primary ((~~election~~)), subject to the exemptions ((~~as contained~~)) in RCW 29.21.015 ((~~as now or hereafter amended~~)), as a uniform procedural requirement to the holding of city, town, and district elections ((~~and such~~)). These provisions ((~~shall~~)) supersede any and all other statutes, whether general or special in nature, having different election requirements.

Sec. 14. Section 29.21.015, chapter 9, Laws of 1965 as amended by section 2, chapter 120, Laws of 1975-'76 2nd ex. sess. and RCW 29.21.015 are each amended to read as follows:

No primary ((~~election shall~~)) may be held for any single position in any city, town, or district, as required by RCW 29.21.010, ((~~as now or hereafter amended,~~)) if, after the last day allowed for candidates to withdraw, there are no more than two candidates filed for the position ((to be filled: PROVIDED, That whenever it shall be necessary to hold a primary election for any one such position because of the number of candidates remaining filed, no primary election shall be held for any other position for which no more than two candidates have remained as filed. Insofar as such positions not being subjected to a primary election are concerned,)). The county auditor shall, as soon as possible, notify all the candidates so affected that the office for which they filed will not appear on the primary ballot. Names of candidates ((~~that would have been printed upon the primary ballot, but for the provisions of this section,~~)) so notified shall be printed upon the general election ballot ((~~alphabetically in groups under the designation of the respective titles of the offices for which they are candidates~~)) in the manner specified by section 4 of this act.

Sec. 15. Section 29.21.070, chapter 9, Laws of 1965 as last amended by section 193, chapter 202, Laws of 1987 and RCW 29.21.070 are each amended to read as follows:

The offices of superintendent of public instruction, justice of the supreme court, judge of the court of appeals, judge of the superior court, and judge of the district court shall be nonpartisan and the candidates therefor shall be nominated and elected as such. ((~~Not less than ten days before the time for filing declarations of candidacy, each county auditor shall designate how many district judges are to be elected in each district in the county.~~))

All city, town, and special purpose district elective offices shall be nonpartisan and the candidates therefor shall be nominated and elected as such.

Sec. 16. Section 29.21.140, chapter 9, Laws of 1965 as amended by section 4, chapter 120, Laws of 1975-'76 2nd ex. sess. and RCW 29.21.140 are each amended to read as follows:

If at the same election there are short terms or full terms and unexpired terms of office to be filled, the ((~~town or city clerk, the secretary of state, or the county auditor, as the case may be,~~)) filing officer shall distinguish them and designate the short term, the full term, and the unexpired term, as such, or by use of the words "short term(("))," "unexpired two year term," or "four year term," as the case may be.

In filing ((~~his~~)) the declaration of candidacy in such cases the candidate shall specify that ((~~his~~)) the candidacy is for the short term, the full term, or the unexpired term ((~~as the case may be: PROVIDED, That~~)). When both a short term and a full term for the same position are scheduled to be voted upon, or when a short term is created after the close of the filing period, a single declaration of candidacy accompanied by a single filing fee shall be construed as a filing for both the short term and the full term and the name of such candidate shall appear upon the ballot for the position sought with the designation "short term and ((~~long~~)) full term(("))." The candidate elected to both such terms shall be sworn into and assume office for the short term as soon as the election returns have been certified and shall again be sworn into office on the second Monday in January following the election to assume office for the full term.

NEW SECTION. Sec. 17. A new section is added to chapter 29.30 RCW to read as follows:

Except for the candidates for the positions of president and vice-president or for a partisan or nonpartisan office for which no primary is required, the names of all candidates who have filed for nomination under chapter 29.18 RCW and those independent candidates and candidates of minor political parties who have been nominated under chapter 29.24 RCW shall appear on the appropriate ballot at the primary throughout the jurisdiction in which they are to be nominated.

Sec. 18. Section 29.30.040, chapter 9, Laws of 1965 as amended by section 54, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.040 are each amended to read as follows:

((~~In primary elections in precincts where votes are cast on paper ballots, unless otherwise required by law~~)) At primaries, the names of candidates for federal, state, and county partisan offices, for the office of superintendent of public instruction, and for judicial offices shall, for each office or position ((~~shall be first~~)), be arranged initially in the order ((~~in which their declarations of candidacy were filed~~)) determined under section 4 of this act. Additional sets of ((~~official~~)) ballots shall be ((~~printed~~)) prepared in which the positions of the names of all candidates for each ((~~such~~)) office or position shall be changed as many times as there are candidates in the office or position in which there are the greatest number of names. As nearly as possible an equal number of ballots shall be ((~~printed~~)) prepared after each change. In making the changes of position between each set of ballots, the candidates for each such office in the first position under the office heading shall be moved to the last position under that office heading, and each other name shall be moved up to the position immediately above its previous position under that office heading. ((After the required sets of ballots are printed, they shall be kept in separate piles, one pile for each change of position, and shall then be gathered by taking one from each pile, the intention being that every other ballot at the polls shall have the names of the candidates under such offices in a different position.)) The effect of this rotation of the order of the names shall be that the name of each candidate for an office or position shall appear first, second, and so forth for that office or position on the ballots of a nearly equal number of registered voters in that jurisdiction. In a precinct using voting devices, the names of the candidates for each office shall appear in only one sequence in that precinct. The names of candidates for city, town, and district office on the ballot at the primary shall not be rotated.

NEW SECTION. Sec. 19. A new section is added to chapter 29.30 RCW to read as follows:

(1) Except as provided under subsection (2) of this section, on the ballot at the general election for a nonpartisan office for which a primary was held, only the names of the candidate who received the greatest number of votes and the candidate who received the next greatest number of votes for that office shall appear under the title of that office, and the names shall appear in that order. If a primary was conducted, no candidate's name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast for that office at the preceding primary. On the ballot at the general election for any other nonpartisan office for which no primary was held, the names of the candidates shall be listed in the order determined under section 4 of this act.

(2) On the ballot at the general election for the office of justice of the supreme court, judge of the court of appeals, judge of the superior court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that office or position, only the name of that candidate may be printed under the title of the office for that position.

NEW SECTION. Sec. 20. A new section is added to chapter 29.30 RCW to read as follows:

The name of a candidate for a partisan office for which a primary was conducted shall not be printed on the ballot for that office at the subsequent general election unless the candidate receives a number of votes equal to at least one percent of the total number cast for all candidates for that position sought and a plurality of the votes cast for the candidates of his or her party for that office at the preceding primary.

NEW SECTION. Sec. 21. The secretary of state shall adopt rules consistent with the provisions of this chapter to facilitate its implementation.

Sec. 22. Section 28A.57.314, chapter 223, Laws of 1969 ex. sess. and RCW 28A.57.314 are each amended to read as follows:

Candidates for the position of school director shall file their declarations of candidacy as provided in ((~~RCW 29.21.060, as it now exists or may hereafter be amended~~)) Title 29 RCW.

((Not less than ten days before the time of filing such declarations of candidacy, the officer charged with the conduct of the election shall designate by lot the positions to be filled by consecutive number, commencing with one. The positions so designated for school directors in each district shall be dealt with as separate offices for all election purposes, and where more than one position is to be filled, each candidate shall file for one of the positions so designated: PROVIDED, That in school districts containing director districts, candidates shall file for such director districts.))

Sec. 23. Section 1, chapter 181, Laws of 1988 and RCW 29.04.180 are each amended to read as follows:

Any person who desires to be a write-in candidate and have such votes counted at a primary or election may, if the jurisdiction of the office sought is entirely within one county, file a declaration of candidacy with the county auditor not later than the day before the primary or election. If the jurisdiction of the office sought encompasses more than one county the declaration of candidacy shall be filed with the secretary of state not later than the day before the primary or election. Votes cast for write-in candidates who have filed such declarations of candidacy and write-in votes for persons appointed by political parties pursuant to RCW 29.18.160 need only specify the name of the candidate in the appropriate location on the ballot in order to be counted. Write-in votes cast for any other candidate, in order to be counted, must designate the office sought and position number or political party, if applicable.

No person may file as a write-in candidate where:

(1) At a general election, the person attempting to file either filed as a write-in candidate for the same office at the preceding primary or the person's name appeared on the ballot for the same office at the preceding primary;

(2) The person attempting to file as a write-in candidate has already filed a valid write-in declaration for that primary or election, unless one or the other of the two filings is for the office of precinct committeeperson;

(3) The name of the person attempting to file already appears on the ballot as a candidate for another office, unless one of the two offices for which he or she is a candidate is precinct committeeperson.

The declaration of candidacy shall be similar to that required by ((~~RCW 29.18.030~~)) section 6 of this 1990 act. No write-in candidate filing under RCW 29.04.180 may be included in any voter's pamphlet produced under chapter 29.80 RCW unless that candidate qualifies to have his or her name printed on the general election ballot. The legislative authority of any jurisdiction producing a local voter's pamphlet under chapter 29.81A RCW may provide, by ordinance, for the inclusion of write-in candidates in such pamphlets.

Sec. 24. Section 29.13.025, chapter 9, Laws of 1965 as amended by section 13, chapter 126, Laws of 1979 ex. sess. and RCW 29.13.025 are each amended to read as follows:

For the purposes of RCW 29.13.020, 29.13.040, ((~~29.21.060,~~)) 29.24.110, 29.27.040, and 29.27.080, "class A county" shall include counties of higher classification whenever such class or classes shall be established.

Sec. 25. Section 29.18.150, chapter 9, Laws of 1965 as amended by section 12, chapter 329, Laws of 1977 ex. sess. and RCW 29.18.150 are each amended to read as follows:

Should a place on the ticket of a major political party be vacant because no person has filed for nomination as the candidate of that major political party, after the last day allowed for candidates to withdraw as provided by RCW ((~~29.18.030~~)) 29.18.105 as recodified by this 1990 act, and if the vacancy is for a state or county office to be voted on solely by the electors of a single county, the county central committee of the major political party may select and certify a candidate to fill the vacancy; if the vacancy is for any other office the state central committee of the major political party may select and certify a candidate to fill the vacancy; the certificate must set forth the cause of the vacancy, the name of the person nominated, the office for which he is nominated and other pertinent information required in an ordinary certificate of nomination and be filed in the proper office no later than the first Friday after the last day allowed for candidates to withdraw, together with the candidate's fee applicable to that office and a declaration of candidacy.

Sec. 26. Section 29.24.070, chapter 9, Laws of 1965 as last amended by section 8, chapter 215, Laws of 1989 and RCW 29.24.070 are each amended to read as follows:

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~~)) section 6 of this 1990 act and RCW 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.

Sec. 27. Section 29.42.040, chapter 9, Laws of 1965 as last amended by section 3, chapter 133, Laws of 1987 and by section 13, chapter 295, Laws of 1987 and RCW 29.42.040 are each reenacted and amended to read as follows:

Any member of a major political party who is a registered voter in the precinct may upon payment of a fee of one dollar file his or her declaration of candidacy as prescribed ((~~by RCW 29.18.031~~)) under section 6 of this 1990 act with the county auditor for the office of precinct committee officer of his or her party in that precinct. When elected the precinct committee officer shall serve so long as the committee officer remains an eligible voter in that precinct and until a successor has been elected at the next ensuing state general election in the even-numbered year.

Sec. 28. Section 29.68.080, chapter 9, Laws of 1965 as last amended by section 4, chapter 45, Laws of 1985 and RCW 29.68.080 are amended to read as follows:

(1) Whenever a vacancy occurs in the office of United States representative or United States senator from this state or any congressional district of this state, the governor shall order a special election to fill the vacancy.

(2) Within ten days of such vacancy occurring, he or she shall issue a writ of election fixing a date for the special vacancy election not less than ninety days after the issuance of the writ, fixing a date for the primary for nominating candidates for the special vacancy election not less than thirty days before the day fixed for holding the special vacancy election, fixing the dates for the special filing period, and designating the term or part of the term for which the vacancy exists. If the vacancy is in the office of United States representative, the writ of election shall specify the congressional district that is vacant.

(3) If the vacancy occurs less than six months before a state general election and before the second Friday following the close of the filing period for that general election, the special primary and special vacancy elections shall be held in concert with the state primary and state general election in that year.

(4) If the vacancy occurs on or after the first day for filing under RCW ((~~29.18.030~~)) 29.18.025 as recodified by this 1990 act and on or before the second Friday following the close of the filing period, a special filing period of three normal business days shall be fixed by the governor and notice thereof given to all media, including press, radio, and television within the area in which the vacancy election is to be held, to the end that, insofar as possible, all interested persons will be aware of such filing period. The last day of the filing period shall not be later than the third Tuesday before the primary at which candidates are to be nominated. The names of candidates who have filed valid declarations of candidacy during this three-day period shall appear on the approaching primary ballot.

(5) If the vacancy occurs later than the second Friday following the close of the filing period, a special primary and special vacancy election to fill the position shall be held after the next state general election but, in any event, no later than the ninetieth day following the November election.

(6) As used in this chapter, "county" means, in the case of a vacancy in the office of United States senator, any or all of the counties in the state and, in the case of a vacancy in the office of United States representative, only those counties wholly or partly within the congressional district in which the vacancy has occurred.

Sec. 29. Section 35A.29.105, chapter 119, Laws of 1967 ex. sess. and RCW 35A.29.105 are each amended to read as follows:

Positions to be filled on the council of code cities operating under the mayor-council or council-manager plan of government shall be numbered consecutively and treated as separate offices for all election purposes as provided in RCW ((~~29.21.017~~)) 29.18.015 as recodified by this 1990 act.

Sec. 30. Section 35A.29.110, chapter 119, Laws of 1967 ex. sess. as last amended by section 21, chapter 167, Laws of 1986 and RCW 35A.29.110 are each amended to read as follows:

A candidate for office in a code city shall file a declaration of candidacy substantially in the form ((~~set forth in RCW 29.18.030~~)) provided under section 6 of this 1990 act insofar as such form is applicable to nonpartisan offices. Declarations of candidacy for offices of code cities to be voted upon at any municipal general election shall be filed with the county auditor not earlier than the fourth Monday of July nor later than the next succeeding Friday in the year such general election is to be held. However, if the first election of all officers upon reorganization as a noncharter code city under a plan of government newly adopted in the manner provided in RCW 35A.02.020, 35A.02.030, 35A.02.080, or 35A.06.030 is an election as provided in RCW 35A.02.050, such declarations of candidacy shall be filed with the county auditor not more than fifty nor less than forty-six days prior to the primary election provided for in RCW 35A.02.050. Any candidate may withdraw his declaration at any time before the Friday following the last day allowed for filing declarations of candidacy. Nominating petitions for charter commissioners and for any other office for which nominating petitions may be required shall be filed with the county auditor not more than sixty nor less than forty-six days prior to the date of the election, and may be withdrawn at any time, but not later than five days after the last day allowed for filing such petitions.

Sec. 31. Section 9, chapter 175, Laws of 1959 as amended by section 3, chapter 51, Laws of 1965 and RCW 53.12.035 are each amended to read as follows:

All candidates for district offices in port districts of class AA and class A counties shall file their declarations of candidacy with the county auditor of the county as set forth in Title 29 RCW ((~~29.21.060~~)), as now or hereafter amended and in the same manner as candidates for county offices. In port districts located in a class AA county the declaration may be for any numbered port commissioner position to be open in the next port district election. In port districts with five commissioners in existence on July 1, 1965, the respective numbered positions shall correspond to the numbers of the county commissioner districts from which the three original commissioners in the port districts were elected, with the central district being numbered one, and with positions four and five being assigned to the original at large commissioner positions for which the first incumbents received, respectively, the greater and lesser number of votes cast.

In all port districts in a class AA county, with three port commissioners there shall be three positions denominated positions one, two and three, and declarations of candidacy shall be for a specific position. Where a proposition for an increased number of port commissioners is on the ballot under RCW 53.12.120 and RCW 53.12.130, the two additional positions shall be denominated positions four and five, and candidates for the positions thus proposed to be created shall file declarations of candidacy for a specific position.

Sec. 32. Section 4, chapter 1, Laws of 1931 as last amended by section 1, chapter 292, Laws of 1987 and RCW 54.12.010 are each amended to read as follows:

Within ten days after such election, the county canvassing board shall canvass the returns, and if at such election a majority of the voters voting upon such proposition shall vote in favor of the formation of such district, the canvassing board shall so declare in its canvass of the returns of such election, and such public utility district shall then be and become a municipal corporation of the state of Washington, and the name of such public utility district shall be Public Utility District No. ..... of .......... County. The powers of the public utility district shall be exercised through a commission consisting of three members in three commissioner districts, and five members in five commissioner districts. When the public utility district is coextensive with the limits of such county, then, at the first election of commissioners and until any change shall have been made in the boundaries of public utility district commissioner districts, one public utility district commissioner shall be chosen from each of the three county commissioner districts of the county in which the public utility district is located if the county is not operating under a "Home Rule" charter. When the public utility district comprises only a portion of the county, with boundaries established in accordance with chapter 54.08 RCW, or when the public utility district is located in a county operating under a "Home Rule" charter, three public utility district commissioner districts, numbered consecutively, having approximately equal population and boundaries, following ward and precinct lines, as far as practicable, shall be described in the petition for the formation of the public utility district, which shall be subject to appropriate change by the county legislative authority if and when they change the boundaries of the proposed public utility district, and one commissioner shall be elected from each of said public utility district commissioner districts. In all five commissioner districts an additional commissioner at large shall be chosen from each of the two at large districts. No person shall be eligible to be elected to the office of public utility district commissioner for a particular district commissioner district unless he is a registered voter of the public utility district commissioner district or at large district from which he is elected.

Except as otherwise provided, the term of office of each public utility district commissioner other than the commissioners at large shall be six years, and the term of each commissioner at large shall be four years. Each term shall be computed in accordance with RCW 29.04.170 following the commissioner's election. One commissioner at large and one commissioner from a commissioner district shall be elected at each general election held in an even-numbered year for the term of four years and six years respectively. All candidates shall be voted upon by the entire public utility district.

When a public utility district is formed, three public utility district commissioners shall be elected at the same election at which the proposition is submitted to the voters as to whether such public utility district shall be formed. If the general election adopting the proposition to create the public utility district was held in an even-numbered year, the commissioner residing in commissioner district number one shall hold office for the term of six years; the commissioner residing in commissioner district number two shall hold office for the term of four years; and the commissioner residing in commissioner district number three shall hold office for the term of two years. If the general election adopting the proposition to create the public utility district was held in an odd-numbered year, the commissioner residing in commissioner district number one shall hold office for the term of five years, the commissioner in district two shall hold office for the term of three years, and the commissioner in district three shall hold office for the term of one year. The commissioners first to be elected as above provided shall hold office from the first day of the month following the commissioners' election and their respective terms of office shall be computed from the first day of January next following the election.

All public utility district commissioners shall hold office until their successors shall have been elected and have qualified and assume office in accordance with RCW 29.04.170. A filing for nomination for public utility district commissioner shall be accompanied by a petition signed by one hundred registered voters of the public utility district which shall be certified by the county auditor to contain the required number of registered voters, and shall otherwise be filed in accord with the requirements of Title 29 RCW ((~~29.21.060~~)). At the time of filing such nominating petition, the person so nominated shall execute and file a declaration of candidacy subject to the provisions of Title 29 RCW ((~~29.21.060~~)), as now or hereafter amended. The petition and each page of the petition shall state whether the nomination is for a commissioner from a particular commissioner district or for a commissioner at large and shall state the districts; otherwise it shall be void. A vacancy in the office of public utility district commissioner shall occur by death, resignation, removal, conviction of a felony, nonattendance at meetings of the public utility district commission for a period of sixty days unless excused by the public utility district commission, by any statutory disqualification, or by any permanent disability preventing the proper discharge of his duty. In the event of a vacancy in said office, such vacancy shall be filled at the next general election held in an even-numbered year, the vacancy in the interim to be filled by appointment by the remaining commissioners. If more than one vacancy exists at the same time in a three commissioner district, or more than two in a five commissioner district, a special election shall be called by the county canvassing board upon the request of the remainder, or, that failing, by the county election board, such election to be held not more than forty days after the occurring of such vacancies.

A majority of the persons holding the office of public utility district commissioner at any time shall constitute a quorum of the commission for the transaction of business, and the concurrence of a majority of the persons holding such office at the time shall be necessary and shall be sufficient for the passage of any resolution, but no business shall be transacted, except in usual and ordinary course, unless there are in office at least a majority of the full number of commissioners fixed by law.

The boundaries of the public utility district commissioners' district may be changed only by the public utility district commission, and shall be examined every ten years to determine substantial equality of population, but said boundaries shall not be changed oftener than once in four years, and only when all members of the commission are present. Whenever territory is added to a public utility district under RCW 54.04.035, the boundaries of the public utility commissioners' districts shall be changed to include such additional territory. The proposed change of the boundaries of the public utility district commissioners' district must be made by resolution and after public hearing. Notice of the time of a public hearing thereon shall be published for two weeks prior thereto. Upon a referendum petition signed by ten percent of the qualified voters of the public utility district being filed with the county auditor, the county legislative authority shall submit such proposed change of boundaries to the voters of the public utility district for their approval or rejection. Such petition must be filed within ninety days after the adoption of resolution of the proposed action. The validity of said petition shall be governed by the provisions of chapter 54.08 RCW.

NEW SECTION. Sec. 33. Sections 6, 7, and 21 of this act and RCW 29.13.075, 29.18.015, 29.18.025, 29.18.032, 29.18.040, 29.18.045, 29.18.050, 29.18.053, 29.18.055, 29.18.057, 29.18.070, 29.18.080, 29.18.105, 29.21.140, 29.21.350, 29.21.360, 29.21.370, 29.21.380, 29.21.385, 29.21.390, and 29.21.400 shall be recodified to constitute a new chapter in Title 29 RCW.

NEW SECTION. Sec. 34. The code reviser shall correct all references in the Revised Code of Washington to the sections of the code that are recodified by section 33 of this act.

NEW SECTION. Sec. 35. The following acts or parts of acts are each repealed:

(1) Section 29.18.020, chapter 9, Laws of 1965, section 10, chapter 329, Laws of 1977 ex. sess. and RCW 29.18.020;

(2) Section 1, chapter 120, Laws of 1986, section 1, chapter 110, Laws of 1987 and RCW 29.18.022;

(3) Section 29.18.030, chapter 9, Laws of 1965, section 1, chapter 103, Laws of 1965 ex. sess., section 3, chapter 142, Laws of 1984, section 1, chapter 133, Laws of 1987 and RCW 29.18.030;

(4) Section 2, chapter 133, Laws of 1987 and RCW 29.18.031;

(5) Section 29.18.035, chapter 9, Laws of 1965 and RCW 29.18.035;

(6) Section 29.18.060, chapter 9, Laws of 1965 and RCW 29.18.060;

(7) Section 29.18.090, chapter 9, Laws of 1965 and RCW 29.18.090;

(8) Section 29.18.100, chapter 9, Laws of 1965 and RCW 29.18.100;

(9) Section 29.18.110, chapter 9, Laws of 1965, section 5, chapter 127, Laws of 1974 ex. sess., section 11, chapter 329, Laws of 1977 ex. sess. and RCW 29.18.110;

(10) Section 29.21.017, chapter 9, Laws of 1965, section 5, chapter 213, Laws of 1981 and RCW 29.21.017;

(11) Section 29.21.020, chapter 9, Laws of 1965 and RCW 29.21.020;

(12) Section 29.21.040, chapter 9, Laws of 1965 and RCW 29.21.040;

(13) Section 29.21.060, chapter 9, Laws of 1965, section 2, chapter 103, Laws of 1965 ex. sess., section 56, chapter 283, Laws of 1969 ex. sess., section 3, chapter 120, Laws of 1975-'76 2nd ex. sess., section 31, chapter 361, Laws of 1977 ex. sess., section 9, chapter 167, Laws of 1986 and RCW 29.21.060;

(14) Section 3, chapter 110, Laws of 1987 and RCW 29.21.075;

(15) Section 29.21.080, chapter 9, Laws of 1965, section 87, chapter 176, Laws of 1969 ex. sess. and RCW 29.21.080;

(16) Section 29.21.085, chapter 9, Laws of 1965, section 88, chapter 176, Laws of 1969 ex. sess., section 44, chapter 3, Laws of 1983 and RCW 29.21.085;

(17) Section 29.21.090, chapter 9, Laws of 1965 and RCW 29.21.090;

(18) Section 29.21.110, chapter 9, Laws of 1965, section 1, chapter 19, Laws of 1970 ex. sess. and RCW 29.21.110;

(19) Section 29.21.120, chapter 9, Laws of 1965, section 194, chapter 202, Laws of 1987 and RCW 29.21.120;

(20) Section 29.21.130, chapter 9, Laws of 1965 and RCW 29.21.130;

(21) Section 1, chapter 10, Laws of 1970 ex. sess., section 5, chapter 120, Laws of 1975-'76 2nd ex. sess. and RCW 29.21.150;

(22) Section 29.21.160, chapter 9, Laws of 1965, section 6, chapter 120, Laws of 1975-'76 2nd ex. sess. and RCW 29.21.160;

(23) Section 2, chapter 10, Laws of 1970 ex. sess., section 7, chapter 21, Laws of 1973 2nd ex. sess., section 8, chapter 183, Laws of 1979 ex. sess., and RCW 29.21.180;

(24) Section 29.21.190, chapter 9, Laws of 1965 and RCW 29.21.190;

(25) Section 29.21.200, chapter 9, Laws of 1965 and RCW 29.21.200;

(26) Section 29.21.210, chapter 9, Laws of 1965, section 2, chapter 131, Laws of 1969, section 8, chapter 21, Laws of 1973 2nd ex. sess., section 9, chapter 183, Laws of 1979 ex. sess. and RCW 29.21.210;

(27) Section 29.21.220, chapter 7, Laws of 1965 and RCW 29.21.220; and

(28) Section 1, chapter 130, Laws of 1967 ex. sess, section 32, chapter 361, Laws of 1977 ex. sess. and RCW 29.21.330.

NEW SECTION. Sec. 36. This act shall take effect on July 1, 1991.