BP BHEAD INT H [atlas:bill]

AN ACT Relating to candidates for office; amending RCW 29.24.020, 29.24.030, 29.24.035, 29.24.040, 29.24.060, and 29.71.020; adding a new section to chapter 29.27 RCW; adding a new section to chapter 29.24 RCW; repealing RCW 29.24.055; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 29.27 RCW to immediately follow RCW 29.27.050 to read as follows:

In a year in which the president and vice-president of the United States are to be elected, the secretary of state shall include in the certification prepared under RCW 29.27.050 the names of all candidates for president and vice-president who, at least forty-five days but not more than one hundred eighty days before the general election, have certified a slate of electors to the secretary of state under RCW 29.71.020 and have been nominated either (1) by a major political party, as certified by the appropriate authority under party rules, or (2) by a minor party or as independent candidates under chapter 29.24 RCW. Major or minor political parties or independent presidential candidates may substitute a different candidate for vice-president for the one whose name appears on the party's certification or nominating petition at least forty-five days before the election, by certifying the change to the secretary of state.

Sec. 2. RCW 29.24.020 and 1989 c 215 s 2 are each amended to read as follows:

Any nomination of a candidate for partisan public office, except president and vice-president of the United States, by other than a major political party shall only be made either: (1) In a convention held not earlier than the last Saturday in June and not later than the first Saturday in July or during any of the seven days immediately preceding the first day for filing declarations of candidacy as fixed in accordance with RCW 29.68.080; or (2) as provided by RCW ((~~29.51.170~~)) 29.62.180. 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 of different individuals 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.

NEW SECTION. Sec. 3. A new section is added to chapter 29.24 RCW to read as follows:

(1) Independent candidates, or nominees of a minor political party, for president and vice-president must qualify to appear on the general election ballot in this state by filing the following documents with the secretary of state, within the time described in section 1 of this act:

(a) Nominating petitions bearing the signatures of at least two hundred registered voters of this state;

(b) A sworn statement signed by the candidates attesting to their consent to appear on the ballot, and bearing a mailing address and telephone number at which the campaign may be contacted; and

(2) No person may sign more than one nominating petition under this section for a particular election. Petitions may be circulated at a minor party convention held under RCW 29.24.020, or may be circulated separately from the convention, or both. Only one slate of candidates may appear on the ballot as nominees of the same political party.

(3) The petitions must:

(a) Clearly identify the minor party, or state that the petitions support an independent candidacy;

(b) Name the candidates for both president and vice-president on whose behalf the petitions are submitted;

(d) Have a place for the voter to sign his or her name and to print his or her name and address.

Sec. 4. RCW 29.24.030 and 1989 c 215 s 3 are each amended to read as follows:

(1) To be valid, a convention must be attended by at least twenty-five registered voters.

(2) In order to nominate candidates for the offices of ((~~president and vice-president of the United States,~~)) United States senator, or any state-wide office, a nominating convention shall obtain and submit to the filing officer the signatures of at least two hundred registered voters of the state of Washington. In order to nominate candidates for any other office, a nominating convention shall obtain and submit to the filing officer the signatures of twenty-five persons who are registered to vote in the jurisdiction of the office for which the nominations are made.

Sec. 5. RCW 29.24.035 and 1989 c 215 s 5 are each amended 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)~~)) 29.24.040(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 under this chapter for an office for a primary or election, except that a voter may sign both a petition relating to a nominating convention under RCW 29.24.020 and a separate nominating petition for candidates for president and vice-president under section 3 of this act.

Sec. 6. RCW 29.24.040 and 1989 c 215 s 4 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 or her residence, and the office for which he or she is named((~~, and if the nomination is for the offices of president and vice-president of the United States, a sworn statement from both nominees giving their consent to the nomination~~));

(3) 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 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;

(6) Contain proof of publication of the notice of calling the convention; and

(7) Be submitted to the 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.

Sec. 7. RCW 29.24.060 and 1989 c 215 s 7 are each amended to read as follows:

Upon the receipt of the certificate of nomination under RCW 29.24.040 or nominating petition under section 3 of this act, 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~~)) this chapter have been met. Once the determination has been made, the filing officer shall notify the presiding officer of the convention, the person or persons submitting the presidential and vice-presidential nominating petitions, 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 public inspection or copying.

Sec. 8. RCW 29.71.020 and 1990 c 59 s 69 are each amended to read as follows:

In the year in which a presidential election is held, each major and each minor political party ((~~and each minor political party or independent candidate convention held under chapter 29.24 RCW~~)) that nominates candidates for president and vice-president of the United States, and each independent slate of candidates for president and vice-president, shall nominate presidential electors for this state. The party ((or)), convention, or campaign shall file with the secretary of state a certificate ((~~signed by the presiding officer of the convention at which the presidential electors were chosen,~~)) listing the names and addresses of the presidential electors. Each presidential elector shall execute and file with the secretary of state a pledge that, as an elector, he or she will vote for the candidates nominated by that party. The names of presidential electors shall not appear on the ballots. The votes cast for candidates for president and vice-president of each political party shall be counted for the candidates for presidential electors of that political party.

NEW SECTION. Sec. 9. RCW 29.24.055 (Presidential electors--Selection at convention) and 1989 c 215 s 6 are each repealed.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.