HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No.  HB 1592

Updating write‑in voting laws.

Brief Title                              Hearing Date: 2/10/99

Reps. Schmidt, D., Bush and Miloscia       Staff: Steve Lundin

Sponsor(s)                          State Government Committee

                                              Phone:  786-7127

BACKGROUND:

An eligible person may file a declaration of candidacy for an office during the regular filing period, or during an extended filing period if no candidate filed for that office during the regular filing period.  If no one has filed a declaration of candidacy for a partisan office as a nominee of a major political party during the filing period, the major political party may select a candidate for the nomination of that party for the partisan office.  The county central committee of the major political party makes the selection, if the district represented by the partisan office is within a single county. The state central committee of the major political party makes the selection in other instances.  The names of these candidates are printed on ballots for the primary or general election when the office is placed before voters.

Write-in voting is allowed in this state.  An eligible person may file a declaration of candidacy as a declared write-in candidate not later than the day before the primary of general election.  Voters may cast a write-in vote for a declared write-in candidate or for a person who has not filed a declaration of candidacy as a write-in candidate.  However, the requirements to cast a write-in vote for a person who has not filed a declaration of candidacy as a write-in candidate are somewhat greater than to cast a write-in vote for a person who has filed a declaration of candidacy as a write-in candidate.  If the person who receives write-in votes filed a declaration of candidacy as a write-in candidate, a vote cast for that person is counted if the voter writes that person's name in the appropriate place on the ballot.  However, if the person who receives write-in votes has not filed a declaration of candidacy to be a write-in candidate, a vote for that person is counted only if the voter writes that person's name in the appropriate place on the ballot and also designates the office sought and position number or political party, if applicable.

Statutes are in conflict as to whether a person who files a declaration of candidacy as a write-in candidate must pay the normal filling fee for the office that is sought.

Write-in votes are counted separately from votes and need not be tallied if, assuming all of the write-in votes were cast for the same person, the write-in votes could not have altered the outcome of the primary or election.

SUMMARY:

A variety of changes are made relating to write-in voting.

If an optical scan system of voting is used, a voter desiring to cast a write-in vote must complete the proper mark next to the write-in line for that office.

It is clarified that a person who files a declaration of candidacy as a write-in candidate must pay the regular filing fee for the office.

The number of write-in votes cast for each office must be recorded and reported with the canvas of the election.

In the case of offices where the district encompasses more than a single county, write-in votes for an individual candidate must be tallied if the secretary of state, or another auditor in multi-county districts, notifies the county auditor that it appears the write-in votes could alter the outcome of the primary or election.

In the case of offices where the district encompasses more than a single county, the auditor must tally the write-in votes cast for an office if the total number of write-in votes cast for that office is greater than the number of votes cast for a candidate apparently elected or Aqualified@ [?? nominated??] and the auditor must notify the secretary of state and other county auditors that the write-in votes should be tallied.

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.