_____________________________________________

               BILL REQUEST - CODE REVISER'S OFFICE

           _____________________________________________

BILL REQ. #:        H-2735.2/01 2nd draft

ATTY/TYPIST:        GR:rmh

BRIEF DESCRIPTION:

2265 AMH .... H2735.2

HB 2265 - H AMD

By Representative

    Strike everything after the enacting clause and insert the following:

                              "PART I

                     SHORT TITLE AND FINDINGS

NEW SECTION. Sec. 101.  This act may be known and cited as the Washington Primary Election Voting Rights Act.

NEW SECTION. Sec. 102.  A new section is added to chapter 29.18 RCW to read as follows:

    The provisions of this title relating to primaries must be liberally construed to further the following interests:

    (1) The legislature finds that the process of determining which candidates will appear on the general election ballot is a public process, in which all voters must be permitted to participate.  The legislature further finds that it is not in the public interest to expend public funds on a partisan nominating process that does not permit the participation of all voters without regard to party affiliation or requires a public or private declaration of party affiliation, and therefore reaffirms the provisions of RCW 29.18.200.

    (2) All qualified registered voters of the state of Washington should be permitted to participate in all meaningful stages of the process for selecting candidates to qualify for the general election ballot by voting for the candidates of their choice.

    (3) All registered voters of the state of Washington have the right to keep their party affiliation, if any, private and not accessible by a public or private entity.

                              PART II

                      REVISIONS TO PRIMARIES

    Sec. 201.  RCW 29.01.130 and 1965 c 9 s 29.01.130 are each amended to read as follows:

    "Primary" ((or "primary election")) means a statutory procedure ((for nominating candidates to public office at the polls)) held before a general election by which each voter is permitted to cast a vote for his or her preferred candidate for each office appearing on the ballot, without any limitation based on party preference or affiliation, of either the voter or the candidate, with the result of qualifying not more than two candidates for each office to appear on the general election ballot.

    Sec. 202.  RCW 29.18.010 and 1990 c 59 s 78 are each amended to read as follows:

    Candidates for ((the following offices shall be nominated at)) partisan offices will appear on the ballot at primaries held ((pursuant to the provisions of)) under this chapter((:

    (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)).

NEW SECTION. Sec. 203.  A new section is added to chapter 29.18 RCW to read as follows:

    (1) Whenever candidates for a partisan office are to be elected, the general election must be preceded by a primary conducted under this chapter, except as otherwise provided in law.  Based upon votes cast at the primary, either one or two candidates must be certified as qualified to appear on the general election ballot, under RCW 29.27.050 and 29.30.085.

    (2) A primary may not be used to select the nominees of a political party.  A primary is a critical stage in the public process by which voters elect candidates to public office.

    (3) If a candidate expresses a party preference on his or her declaration of candidacy, then the preference will be listed for the candidate on the primary and general election ballots.  Each candidate who does not express a preference for a political party will be listed as an independent candidate on the primary and general election ballots.  Party preferences will be listed for the information of voters only, and may not be used for any purpose relating to the conduct, canvassing, or certification of the primary, and may in no way limit the options available to voters in deciding for whom to cast a vote.

    Sec. 204.  RCW 29.30.085 and 1992 c 181 s 2 are each amended to read as follows:

    (1) Except as provided in RCW 29.30.086 and in 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 following candidates for an office for which a primary was held are qualified to appear on the general election ballot:  (a) The candidate who received the greatest number of votes for that office; and (b) the candidate who received the next greatest number of votes for that office ((shall appear under the title of that office, and)).  The names of these qualified candidates shall appear on the general election ballot 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)) If no primary was held for the office, the names of the candidates shall be listed on the general election ballot in the order determined under RCW 29.30.025.

    (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 that candidate is qualified to appear on the general election ballot, and only the name of that candidate may be printed under the title of the office for that position.

                             PART III

                   RELATED CONFORMING PROVISIONS

    Sec. 301.  RCW 29.01.090 and 1977 ex.s. c 329 s 9 are each amended to read as follows:

    "Major political party" means a political party of which at least one ((nominee for president, vice president, United States senator, or a statewide office received at least five percent of the total vote cast at the last preceding state general election in an even-numbered year:  PROVIDED, That any political party qualifying as a major political party under the previous subsection (2) or subsection (3) of this section prior to its 1977 amendment shall retain such status until after the next state general election following June 30, 1977)) candidate for an office voted upon statewide who expressed a preference for that party on his or her declaration of candidacy received at least five percent of the total vote cast at the last preceding primary election or general election occurring in a year in which the governor is elected.

NEW SECTION. Sec. 302.  A new section is added to chapter 29.01 RCW to read as follows:

    "Partisan office" means the following offices:

    (1) United States senator and United States representative;

    (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. 303.  RCW 29.13.070 and 1977 ex.s. c 361 s 29 are each amended to read as follows:

    ((Nominating)) Primaries for general elections to be held in November shall be held at the regular polling places in each precinct on the third Tuesday of the preceding September or on the seventh Tuesday immediately preceding such general election, whichever occurs first.

    Sec. 304.  RCW 29.15.010 and 1990 c 59 s 82 are each amended to read as follows:

    A ((candidate)) person who desires to have his or her name printed on the ballot as a candidate for ((election to)) an office where ownership of property is not a prerequisite to vote, other than president of the United States((,)) or 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 for the office.  The secretary of state shall adopt, by rule, a ((declaration of candidacy)) separate form for candidates 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)) must 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) For partisan offices only, a place for the candidate to indicate ((a party designation, if applicable)) which major or minor political party, if any, or independent status, the candidate regards as best approximating his or her personal preference.  A candidate may only list one party preference or independent;

    (4) A place for the candidate to indicate the amount of the filing fee accompanying the declaration and affidavit of candidacy or for the candidate to indicate that he or she is filing a ((nominating)) petition of candidacy in lieu of the filing fee under RCW 29.15.050;

    (5) A place for the candidate to sign the declaration and affidavit 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)); and

(6) Any other information ((on the form he or she)) that the secretary of state deems appropriate to facilitate the filing process.

    Sec. 305.  RCW 29.15.025 and 1999 c 298 s 9 are each amended to read as follows:

    (1) A person filing a declaration and affidavit of candidacy for an office shall, at the time of filing, be a registered voter and possess the qualifications specified by law for persons who may be elected to the office.

    (2) The name of a candidate for an office shall not appear on a ballot for that office unless, except as provided in RCW 3.46.067 and 3.50.057, the candidate is, at the time the candidate's declaration and affidavit of candidacy is filed, properly registered to vote in the geographic area represented by the office.  For the purposes of this section, each geographic area in which registered voters may cast ballots for an office is represented by that office.  If a person elected to an office must be ((nominated)) qualified from a district or similar division of the geographic area represented by the office, the name of a candidate for the office shall not appear on a primary ballot for that office unless the candidate is, at the time the candidate's declaration and affidavit of candidacy is filed, properly registered to vote in that district or division.  The officer with whom declarations and affidavits of candidacy must be filed under this title shall review each such declaration filed regarding compliance with this subsection.

    (3) This section does not apply to the office of a member of the United States congress.

NEW SECTION. Sec. 306.  A new section is added to chapter 29.15 RCW to read as follows:

    A major political party may file a declaration and affidavit of candidacy for a person affiliated with the party for any partisan office, and pay the applicable filing fees, during the regular filing period under RCW 29.15.020 or special filing period under RCW 29.15.230, and the person's name will appear on the primary ballot.  The county central committee may make the filing for a partisan county office, a legislative office with a legislative district only including all or part of a single county, or a member of congress with a congressional district only including all or part of a single county.  The state central committee shall make the filing for all state partisan offices, all other legislative offices, all other congressional offices, all United States senate offices, and for all state partisan offices.  These filings are in addition to declarations and affidavits of candidacy filed by candidates themselves.

    No distinction may be made on the ballot between a candidate affiliated with a major party who appears on the primary ballot by action of the party under this section or by use of a petition of candidacy.

    Sec. 307.  RCW 29.15.040 and 1987 c 110 s 2 are each amended to read as follows:

    Any candidate may mail his or her declaration of candidacy for an office to the filing officer.  Such declarations of candidacy shall be processed by the filing officer in the following manner:

    (1) Any declaration received by the filing officer by mail before the tenth business day immediately preceding the first day for candidates to file for office shall be returned to the candidate submitting it, together with a notification that the declaration of candidacy was received too early to be processed.  The candidate shall then be permitted to resubmit his or her declaration of candidacy during the filing period.

    (2) Any properly executed declaration of candidacy received by mail on or after the tenth business day immediately preceding the first day for candidates to file for office and before the close of business on the last day of the filing period shall be included with filings made in person during the filing period.  In primaries for partisan offices and judicial ((elections)) offices the filing officer shall determine by lot the order in which the names of those candidates shall appear upon sample and absentee primary ballots.

    (3) Any declaration of candidacy received by the filing officer after the close of business on the last day for candidates to file for office shall be rejected and returned to the candidate attempting to file it.

    Sec. 308.  RCW 29.15.050 and 1999 c 298 s 10 are each amended to read as follows:

(1) 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 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 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.

(2) A candidate who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit a petition of candidacy 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.

(3) When the candidacy is for:

    (((1))) (a) 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.

    (((2))) (b) 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. 309.  RCW 29.15.060 and 1984 c 142 s 5 are each amended to read as follows:

    The ((nominating)) petition of candidacy authorized by RCW 29.15.050 shall be printed on sheets of uniform color and size, shall contain no more than twenty numbered lines, and shall be in substantially the following form:

"WARNING

Any person who signs this petition with any other than his or her true name, or who knowingly (1) signs more than one petition for any single candidate, (2) signs the petition when he or she is not a legal voter, or (3) makes any false statement may be subject to fine, or imprisonment, or both.

    We, the undersigned registered voters of    (the state of Washington or the political subdivision for which the petition of candidacy is made)   , hereby petition that the name of    (candidate's name)    be printed on the official primary ballot for the office of    (insert name of office)   .

│ │ │ │

Signature   │ Printed Name      │ Residence Address  │ City        │ County

│ │ │ │

│ │ │ │

│ │ │ │

│ │ │ │

│ │ │ │

1B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

│ │ │ │

│ │ │ │

2B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

│ │ │ │

│ │ │ │

3B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

etc."

    Sec. 310.  RCW 29.15.070 and 1984 c 142 s 6 are each amended to read as follows:

    ((Nominating)) (1) Petitions of candidacy may be rejected for the following reasons:

    (((1))) (a) The petition is not in the proper form;

    (((2))) (b) The petition clearly bears insufficient signatures;

    (((3))) (c) The petition is not accompanied by a declaration of candidacy;

    (((4))) (d) The time within which the petition and the declaration of candidacy could have been filed has expired.

(2) If the petition is accepted, the officer with whom it is filed shall canvass the signatures contained on it and shall reject the signatures of those persons who are not registered voters ((and the signatures of those persons who are not registered to vote)) within the jurisdiction of the office for which the ((nominating)) petition of candidacy is filed.  He or she shall additionally reject any signature that appears on the ((nominating)) petitions of candidacy of two or more candidates for the same office ((and shall also reject, each time it appears, the name of any person who signs the same petition more than once)).  If the filing officer finds that the same voter has signed the same petition more than once, the filing officer shall reject all but the first valid signature.

(3) If the officer with whom the petition is filed refuses to accept the petition or refuses to certify the petition as bearing sufficient valid signatures, the person filing the petition may appeal that action to the superior court.  The application for judicial review shall take precedence over other cases and matters and shall be speedily heard and determined.

    Sec. 311.  RCW 29.15.080 and 1984 c 142 s 8 are each amended to read as follows:

    The following apply to persons signing ((nominating)) petitions of candidacy prescribed by RCW 29.15.060:

    (1) A person who signs a petition with any other than his or her name ((shall be)) is guilty of a misdemeanor.

    (2) A person ((shall be)) is guilty of a misdemeanor if the person knowingly:  Signs more than one petition for any single candidacy of any single candidate; signs the petition when he or she is not a legal voter; or makes a false statement as to his or her residence.

    Sec. 312.  RCW 29.15.150 and 1973 c 4 s 3 are each amended to read as follows:

    Whenever it shall be necessary to hold a special election in an odd-numbered year to fill an unexpired term of any office which is scheduled to be voted upon for a full term in an even-numbered year, no ((September)) primary ((election shall)) may be held in the odd-numbered year if, after the last day allowed for candidates to withdraw, ((either of the following circumstances exist:

    (1) No more than one candidate of each qualified political party has filed a declaration of candidacy for the same partisan office to be filled; or

    (2))) no more than two candidates have filed a declaration of candidacy for a single ((nonpartisan)) office to be filled.

    In ((either)) this event, the officer with whom the declarations of candidacy were filed shall immediately notify all candidates concerned and the names of the candidates that would have been printed upon the ((September)) primary ballot, but for the provisions of this section, shall be printed as ((nominees)) candidates for the positions sought upon the ((November)) general election ballot.

    Sec. 313.  RCW 29.15.160 and 1975-'76 2nd ex.s. c 120 s 9 are each amended to read as follows:

    A void in candidacy for ((a nonpartisan)) an office occurs when an election for such office, except for the short term, has been scheduled and no valid declaration of candidacy has been filed for the position or all persons filing such valid declarations of candidacy have died or been disqualified.

    Sec. 314.  RCW 29.15.170 and 2001 c 46 s 1 are each amended to read as follows:

    Filings for ((a nonpartisan)) an office shall be reopened for a period of three normal business days, ((such)) the special three-day filing period to be fixed by the election officer with whom such declarations of candidacy are filed and notice thereof given by notifying press, radio, and television in the county or counties involved, and by such other means as may ((now or hereafter)) be provided by law whenever before the sixth Tuesday prior to a primary:

    (1) A void in candidacy occurs;

    (2) A vacancy occurs in ((any nonpartisan)) an office leaving an unexpired term to be filled by an election for which filings have not been held; or

    (3) A ((nominee)) candidate for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29((, Amendment 41)) of the state Constitution, dies or is disqualified.

    Candidacies validly filed within ((said)) the special three-day filing period shall appear on the ballot as if made during the earlier filing period.

NEW SECTION. Sec. 315.  A new section is added to chapter 29.15 RCW to read as follows:

    If the death or disqualification of a candidate for a partisan or nonpartisan office does not give rise to the opening of a new filing period under RCW 29.15.170 and if no appointment is made under RCW 29.18.160, then the following will occur:

    (1) If the candidate dies or becomes disqualified after filing a declaration of candidacy but before the close of the filing period, then the declaration of candidacy is void and the candidate's name will not appear on the ballot.

    (2)(a) If the candidate dies or becomes disqualified after the close of the filing period but before the day of the primary, then the candidate's name will appear on the primary ballot and all otherwise valid votes for that candidate will be tabulated.  The candidate's name will not appear on the general election ballot even if the candidate otherwise would have qualified to do so, but no other candidate will advance or be substituted in place of that candidate.

    (b) If the candidate was the only candidate qualifying to advance to the general election, then the general election for that office lapses, and the office will be regarded as vacant as of the time the newly elected official would have otherwise taken office.

    (3) If the candidate dies or becomes disqualified on or after the day of the primary, and the candidate would have otherwise qualified to appear on the general election ballot, then the candidate's name will appear on the general election ballot and all otherwise valid votes for that candidate will be tabulated.  If the candidate received a number of votes sufficient to be elected to office, but for the candidate's death or disqualification, then the office will be regarded as vacant as of the time the newly elected official would have otherwise taken office.

    Sec. 316.  RCW 29.15.190 and 1975-'76 2nd ex.s. c 120 s 12 are each amended to read as follows:

    A scheduled election ((shall be lapsed)) lapses, the office is deemed stricken from the ballot, no purported write-in votes may be counted, and no candidate may be certified as elected, when:

    (1) In an election for judge of the supreme court ((or)), superintendent of public instruction, or a partisan office, a void in candidacy occurs on or after the fourth Tuesday prior to a primary, public filings and the primary being an indispensable phase of the election process for such offices;

    (2) Except as otherwise specified in RCW 29.15.180, ((as now or hereafter amended, a nominee)) a candidate for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29((, Amendment 41)) of the state Constitution dies or is disqualified on or after the fourth Tuesday prior to a primary;

    (3) In other elections for nonpartisan office a void in candidacy occurs or a vacancy occurs involving an unexpired term to be filled on or after the fourth Tuesday ((prior to an)) before a general election.

    Sec. 317.  RCW 29.15.210 and 1972 ex.s. c 61 s 5 are each amended to read as follows:

    The election officer with whom declarations of candidacy are filed shall give notice of a void in candidacy for ((a nonpartisan)) an office((,)) by notifying press, radio, and television in the county or counties involved and by such other means as may now or hereafter be provided by law.  The notice shall state the office, and the time and place for filing declarations of candidacy.

    Sec. 318.  RCW 29.15.220 and 1972 ex.s. c 61 s 6 are each amended to read as follows:

    Filings to fill a void in candidacy for ((nonpartisan)) an office shall be made in the same manner and with the same official as required during the regular filing period for such office((:  PROVIDED, That nominating signature)).  Petitions ((which may be)) of candidacy that are required of candidates filing ((for certain district offices)) during the normal filing period shall not be required of candidates filing during the special three-day filing period.

    Sec. 319.  RCW 29.18.160 and 2001 c 46 s 4 are each amended to read as follows:

    A vacancy caused by the death or disqualification of any candidate ((or nominee of)) for a partisan office who is affiliated with a major or minor political party that would result in no candidate affiliated with that party being on the primary ballot for a partisan office, may be filled at any time up to and including the day ((prior to the election)) before the primary for that position.  For ((state)) partisan offices ((in any political subdivision voted on solely by electors)) of a county or the state legislature voted on solely by voters all or part of a single county, an individual ((shall)) may be appointed to fill ((such)) a vacancy by the county central committee in the case of a major political party or by the state central committee or comparable governing body in the case of a minor political party.  For other partisan offices, including federal or statewide offices, an individual ((shall)) may be appointed to fill ((such)) the vacancy by the state central committee or comparable governing body of the appropriate political party.

    ((Should such)) If the vacancy occurs and the appointment is made no later than the sixth Tuesday ((prior to the state)) before the primary ((or general election)) concerned and the ballots have been printed, ((it shall be mandatory that)) they must be corrected by the appropriate election officers.  In making ((such)) the correction, it ((shall)) is not ((be)) necessary to reprint complete ballots if any other less expensive technique can be used and the resulting correction is reasonably clear.

    ((Should such)) If the vacancy occurs after the sixth Tuesday ((prior to said state)) before the primary ((or general election)) and time does not exist in which to correct ballots (including absentee ballots), either in total or in part, then the votes cast or recorded at the primary for the person who has died or become disqualified ((shall)) must be counted for the person who has been named to fill ((such)) the vacancy.

    When the secretary of state is the person with whom the appointment by the major or minor political party is filed, ((he)) the secretary of state shall, in certifying candidates ((or nominations)) to the various county officers insert the name of the person appointed to fill a vacancy.

    ((In the event that)) If the secretary of state has already sent forth ((his)) a certificate when the appointment to fill a vacancy is filed with ((him, he)) that office, the secretary of state shall forthwith certify to the county auditors of the proper counties the name and place of residence of the person appointed to fill a vacancy, the office for which ((he)) the person is a candidate ((or nominee)), the party ((he represents)) with which that person is affiliated, and all other pertinent facts pertaining to the vacancy.

    Sec. 320.  RCW 29.24.010 and 1977 ex.s. c 329 s 1 are each amended to read as follows:

    A "convention" for the purposes of this chapter, is an organized assemblage of registered voters representing an independent candidate or candidates or a new or minor political party, organization, or principle.  As used in this chapter, the term "election jurisdiction" shall mean the state or any political subdivision or jurisdiction of the state from which partisan officials are elected.  This term shall include county commissioner districts or council districts for members of a county legislative authority, counties for county officials who are nominated and ((elected)) qualified on a county-wide basis, legislative districts for members of the legislature, congressional districts for members of congress, and the state for president and vice president, members of the United States senate, and state officials who are elected on a statewide basis.

    Sec. 321.  RCW 29.24.020 and 2001 c 30 s 2 are each amended to read as follows:

    (1) Any ((nomination of a candidate)) proposed candidacy for partisan public office by other than a major political party may be made only:  (a) 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; (b) as provided by RCW 29.62.180; or (c) as otherwise provided in this section.

    (2) ((Nominations of candidates)) Proposed candidacies for president and vice president of the United States other than by a major political party may be made either at a convention conducted under subsection (1) of this section, or at a similar convention taking place not earlier than the first Sunday in July and not later than seventy days before the general election.  Conventions held during this time period may not ((nominate candidates)) propose candidacies for any public office other than president and vice president of the United States, except as provided in subsection (3) of this section.

    (3) If a special filing period for a partisan office is opened under RCW 29.15.230, candidates of minor political parties and independent candidates may file for office during that special filing period.  The names of those candidates may not appear on the ballot unless they are ((nominated)) proposed by convention held no later than five days after the close of the special filing period and a convention certificate ((of nomination)) is filed with the filing officer no later than three days after the convention.  The requirements of RCW 29.24.025 do not apply to such a convention.  If primary ballots or a voters' pamphlet are ordered to be printed before the deadline for submitting the convention certificate ((of nomination)) and the certificate has not been filed, then the candidate's name will be included but may not appear on the general election ballot unless the certificate is timely filed and the candidate otherwise qualifies to appear on that ballot.

    (4)  A minor political party may hold more than one convention but in no case shall any such party ((nominate)) propose the candidacy of more than one candidate for any one partisan public office or position.  For the purpose of ((nominating)) proposing candidates for the offices of president and vice president, United States senator, or a statewide 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)) proposals of candidacy are made, signatures of the requisite number of registered voters must be obtained at a single convention.

    Sec. 322.  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)) propose candidates for the offices of president and vice president of the United States, United States senator, or any statewide office, a ((nominating convention shall obtain and submit to the filing officer the signatures of)) petition of candidacy that has been signed by at least two hundred registered voters of the state of Washington must be submitted to the appropriate filing officer.  In order to ((nominate)) propose candidates for any other office, a ((nominating convention shall obtain and submit to the filing officer the signatures of)) petition of candidacy that has been signed by at least twenty-five persons who are registered to vote in the jurisdiction of the office for which the ((nominations are made)) candidacy is proposed must be submitted to the appropriate filing officer.

    Sec. 323.  RCW 29.24.035 and 2001 c 64 s 1 and 2001 c 30 s 3 are each reenacted and amended to read as follows:

    A ((nominating)) petition of candidacy submitted under this chapter shall clearly identify the name of the minor party or independent candidate convention as it appears on the convention certificate ((of nomination)) as required by RCW 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 or the jurisdiction of the office for which the candidacy is proposed 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 general election.

    Sec. 324.  RCW 29.24.040 and 1989 c 215 s 4 are each amended to read as follows:

    A convention certificate evidencing ((nominations)) proposed candidacies made at a convention must:

    (1) Be in writing;

    (2) Contain the name of each person ((nominated, his)) whose candidacy is proposed, the candidate's residence, and the office for which ((he is named)) the candidacy is proposed, and if the ((nomination)) proposed candidacy is for the offices of president and vice president of the United States, a sworn statement from both ((nominees)) candidates giving their consent to ((the nomination)) their candidacies;

    (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 of candidacy 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)) proposed candidacies were made.  If the ((nominations)) proposed candidacies are made only for offices whose jurisdiction is entirely within one county, the certificate and ((nominating)) petitions of candidacy must be filed with the county auditor.  If a minor party or independent candidate convention ((nominates)) proposes the candidacy of any candidates for offices whose jurisdiction encompasses more than one county, all ((nominating)) petitions of candidacy and the convention ((certificates)) certificate must be filed with the secretary of state.

    Sec. 325.  RCW 29.24.055 and 1989 c 215 s 6 are each amended to read as follows:

    A minor political party or independent candidate convention ((nominating)) proposing candidates for the offices of president and vice president of the United States shall, not later than ten days after the adjournment of the convention, submit a list of proposed 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. 326.  RCW 29.24.060 and 1989 c 215 s 7 are each amended to read as follows:

    Upon the receipt of the convention certificate ((of nomination)), the officer with whom it is filed shall check the certificate and canvass the signatures on the accompanying ((nominating)) petitions of candidacy 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)) the decision regarding the sufficiency of the certificate or the ((nominating)) petitions of candidacy.  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 of candidacy shall not be available for public inspection or copying.

    Sec. 327.  RCW 29.24.070 and 1990 c 59 s 103 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 of candidacy with that office.  Except for the offices of president and vice president, persons ((nominated)) whose candidacies are proposed under this chapter shall file declarations of candidacy as provided by RCW 29.15.010 and 29.15.030.  The name of a candidate ((nominated)) proposed at a convention shall not be printed upon the primary ballot unless ((he)) the candidate pays the fee required by law to be paid by candidates for the same office to be ((nominated)) qualified at a primary.

    Sec. 328.  RCW 29.27.020 and 1990 c 59 s 8 are each amended to read as follows:

    On or before the day following the last day allowed for ((political parties to fill vacancies in the ticket as provided by RCW 29.18.150)) candidates to withdraw under RCW 29.15.120, the secretary of state shall certify to each county auditor a list of the candidates who have filed declarations of candidacy ((in his or her office)) with the secretary of state for the primary.  For each office, the certificate shall include the name of each candidate, ((his or her)) the candidate's address, and ((his or her)) the candidate's party ((designation)) preference, if any.

    Sec. 329.  RCW 29.27.050 and 1990 c 59 s 9 are each amended to read as follows:

    No later than the day following the certification of the returns of any primary, the secretary of state shall certify to the appropriate county auditors, the names of all persons ((nominated)) qualified to appear on the general election ballot as candidates for offices, the returns of which have been canvassed by the secretary of state.

    Sec. 330.  RCW 29.27.--- and 2001 c 30 s 1 are each amended to read as follows:

(1) 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 ((fifty)) sixty 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))) proposed by a major or minor political party, as certified by the appropriate authority under party rules, or (((2) by a minor party or)) who qualify 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 any time before forty-five days before the general election, by certifying the change to the secretary of state.  Substitutions must not be permitted to delay the printing of either ballots or a voters' pamphlet.  Substitutions are valid only if submitted under oath and signed by the same individual who originally certified the nomination, or his or her documented successor, and only if the substitute candidate consents in writing)).  The names of candidates for president and vice president who are proposed by a minor political party or as independent candidates may not appear on the general election ballot unless their certificate is accompanied by a petition of candidacy, in substantially the form provided by RCW 29.15.060, containing the valid signatures of at least two hundred registered voters.

(2) Major or minor political parties may substitute a different candidate for president or vice president for the one whose name appears on the party's certificate or petition of candidacy at any time before fifty-five days before the general election, by certifying the change to the secretary of state.  Independent campaigns may substitute a different candidate for vice president for the one whose name appears on the party's certificate or petition of candidacy at any time before fifty-five days before the general election, by certifying the change to the secretary of state.  Substitutions must not be permitted to delay the printing of either ballots or a voters' pamphlet.  Substitutions are valid only if submitted under oath and signed by the same individual who originally certified the candidacy, or his or her documented successor, and only if the substitute candidate consents in writing.

(3) If two or more valid convention certificates or petitions of candidacy are filed purporting to propose different candidates for president and vice president using the same party name, the secretary of state must certify the names of both slates of candidates to the ballot.  If the secretary determines that one slate of candidates was clearly and properly certified by the party, the secretary must announce that determination no later than fifty-five days before the general election and must list the name of the party on the ballot only in conjunction with that slate.  Whether the secretary makes such a determination or not, any affected person may petition the superior court of Thurston County by no later than fifty days before the general election to determine which slate of candidates was properly proposed by the party and what party names to list on the ballot.  Proceedings under this subsection must not be permitted to delay the printing of ballots or of the voters' pamphlet.

    Sec. 331.  RCW 29.27.080 and 1999 c 4 s 1 are each amended to read as follows:

    (1) Except as provided in RCW 29.81A.060, notice for any state, county, district, or municipal election, whether special or general, shall be given by at least one publication not more than ten nor less than three days prior to the election by the county auditor or the officer conducting the election as the case may be, in one or more newspapers of general circulation within the county.  ((Said)) The legal notice shall contain the title of each office under the proper party ((designation)) preference, the names and addresses of all ((officers)) candidates who have been ((nominated)) qualified to appear on the ballot for an office to be voted upon at that election, together with the ballot titles of all measures, the hours during which the polls will be open, and that the election will be held in the regular polling places in each precinct, giving the address of each polling place:  PROVIDED, That the names of all candidates for nonpartisan offices shall be published separately with designation of the offices for which they are candidates but without party designation.  This shall be the only notice required for a state, county, district, or municipal general or special election and shall supersede the provisions of any and all other statutes, whether general or special in nature, having different requirements for the giving of notice of any general or special elections.

    (2) All school district elections held on February 5, 1980, at which the number and proportion of persons required by law voted to authorize bonds or tax levies, are hereby validated regardless of any failure to publish notice of such election.  No action challenging the validity of any such election may be brought later than April 15, 1980, or thirty days from June 12, 1980, whichever is later.  Notice of provisions of this subsection shall be published within five days after February 28, 1980, in a newspaper of general circulation within each county where a school district election was held on February 5, 1980, and where notice of such election was not published as provided in subsection (1) of this section.

    (3) All school district elections held on May 19, 1998, at which the number and proportion of persons required by law voted to authorize bonds or tax levies, are hereby validated regardless of any failure to publish notice of such election.  No action challenging the validity of any such election may be brought later than thirty days after January 29, 1999.  Notice of provisions of this subsection shall be published within five days after January 29, 1999, in a newspaper of general circulation within each county where a school district election was held on May 19, 1998, and where notice of such election was not published as provided in subsection (1) of this section.

    Sec. 332.  RCW 29.27.090 and 1965 c 9 s 29.27.090 are each amended to read as follows:

    The secretary of state((, county)) and the auditor of each county((, and clerks of the several municipal corporations)) shall preserve ((all certificates of nomination)) documentation indicating which candidates have qualified to appear on a general election ballot filed in their respective offices for six months.  All certificates shall be open to public inspection under proper regulations made by the officer with whom they are filed.

    Sec. 333.  RCW 29.30.005 and 1990 c 59 s 93 are each amended 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)) satisfied all requirements of law will appear on the appropriate ballot at the primary throughout the jurisdiction ((in which they are to be nominated)) of the office for which they are a candidate.

    Sec. 334.  RCW 29.30.020 and 2001 c 30 s 5 are each amended to read as follows:

    (1) The positions or offices on a primary ballot shall be arranged in substantially the following order:  United States senator; United States representative; governor; lieutenant governor; secretary of state; state treasurer; state auditor; attorney general; commissioner of public lands; superintendent of public instruction; insurance commissioner; state senator; state representative; county officers; justices of the supreme court; judges of the court of appeals; judges of the superior court; and judges of the district court.  For all other jurisdictions on the primary ballot, the offices in each jurisdiction shall be grouped together and be in the order of the position numbers assigned to those offices, if any.

    (2) The order of the positions or offices on an election ballot shall be substantially the same as on a primary ballot except that the offices of president and vice president of the United States shall precede all other offices on a presidential election ballot.  State ballot issues shall be placed before all offices on an election ballot.  The positions on a ballot to be assigned to ballot measures regarding local units of government shall be established by the secretary of state by rule.

    (3) For partisan office, the political party or independent candidacy of each candidate for partisan office shall be indicated next to the name of the candidate on the primary and election ballot.  ((A candidate shall file a written notice with the filing officer within three business days after the close of the filing period designating the political party to be indicated next to the candidate's name on the ballot if either:  (a) The candidate has been nominated by two or more minor political parties or independent conventions; or (b) the candidate has both filed a declaration of candidacy declaring an affiliation with a major political party and been nominated by a minor political party or independent convention.  If no written notice is filed the filing officer shall give effect to the party designation shown upon the first document filed.  A candidate may be deemed nominated by a minor party or independent convention only if all documentation required by chapter 29.24 RCW has been timely filed.))

    Sec. 335.  RCW 29.30.101 and 1999 c 298 s 11 are each amended to read as follows:

    The names of the persons certified ((as nominees)) by the secretary of state or the county canvassing board as having qualified to appear on the general election ballot shall be printed on the ballot at the ensuing election.

    No name of any candidate ((whose nomination at a primary is required by law shall)) for an office for which a primary is conducted may be placed upon the ballot at a general or special election unless it appears upon the certificate of either (1) the secretary of state, or (2) the county canvassing board, or (3) a minor party convention or the state or county central committee of a major political party to fill a vacancy on its ticket under RCW 29.18.160.

    Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, a candidate's name shall not appear more than once upon a ballot for a position regularly ((nominated)) qualified or elected at the same election.

    Sec. 336.  RCW 29.36.121 and 1994 c 57 s 49 are each amended to read as follows:

    (1) At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the election be conducted by mail ballot.  The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot.  The decision of the county auditor in this regard is final.

    (2) In an odd-numbered year, the county auditor may conduct by mail ballot a primary or a special election concurrently with the primary:

    (a) For any office or ballot measure of a special purpose district which is entirely within the county;

    (b) For any office or ballot measure of a special purpose district which lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and

    (c) For any ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.

    A primary in an odd-numbered year may not be conducted by mail ballot in any precinct with two hundred or more active registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.

    (3) For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days before the date of such election, mail or deliver to each registered voter a mail ballot and an envelope, preaddressed to the issuing officer.  The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot.

    (4) To the extent they are not inconsistent with subsections (1) through (3) of this section, the laws governing the conduct of mail ballot special elections apply to ((nonpartisan)) primaries for nonpartisan offices conducted by mail ballot.

    Sec. 337.  RCW 29.42.010 and 1977 ex.s. c 329 s 16 are each amended to read as follows:

    Each political party organization ((shall have the power to)) may:

    (1) Make its own rules and regulations;

    (2) Call conventions;

    (3) Elect delegates to conventions, state and national;

    (4) Fill vacancies on the ticket caused by death or disqualification as provided by RCW 29.18.160;

    (5) Provide ((for the nomination of)) a list of proposed presidential electors; and

    (6) Perform all functions inherent in such an organization((:  PROVIDED, That only major political parties shall have the power to designate candidates to appear on the state primary election ballot as provided in RCW 29.18.150 as now or hereafter amended)).

    Sec. 338.  RCW 29.42.020 and 1987 c 295 s 11 are each amended to read as follows:

    The state committee of each major political party shall consist of one committeeman and one committeewoman from each county elected by the county committee at its organization meeting.  It shall have a chair and vice-chair who must be of opposite sexes.  This committee shall meet during January of each odd-numbered year for the purpose of organization at a time and place designated by a sufficient notice to all the newly elected state committeemen and committeewomen by the authorized officers of the retiring committee.  For the purpose of this section a notice mailed at least one week prior to the date of the meeting shall constitute sufficient notice.  At its organizational meeting it shall elect its chair and vice-chair, and such officers as its bylaws may provide, and adopt bylaws, rules and regulations.  It shall have power to:

    (1) Call conventions at such time and place and under such circumstances and for such purposes as the call to convention shall designate.  The manner, number and procedure for selection of state convention delegates shall be subject to the committee's rules and regulations duly adopted;

    (2) Provide for the election of delegates to national conventions;

    (3) Fill vacancies on the ticket for any federal or state office to be voted on by the ((electors)) voters of more than one county as provided by RCW 29.18.160;

    (4) Provide ((for the nomination of)) a list of proposed presidential electors; and

    (5) Perform all functions inherent in such an organization.

    Notwithstanding any provision of this chapter, the committee shall not set rules which shall govern the conduct of the actual proceedings at a party state convention.

    Sec. 339.  RCW 29.42.050 and 1991 c 363 s 34 are each amended to read as follows:

    The statutory requirements for filing as a candidate at the primaries shall apply to candidates for precinct committee officer except that the filing period for this office alone shall be extended to and include the Friday immediately following the last day for political parties to fill vacancies in the ticket arising from death or disqualification as provided by RCW ((29.18.150)) 29.18.160, and the office shall not be voted upon at the primaries, but the names of all candidates must appear under the proper party and office designations on the ballot for the general ((November)) election for each even-numbered year and the one receiving the ((highest)) greatest number of votes shall be declared elected:  PROVIDED, That to be declared elected, a candidate must receive at least ten percent of the number of votes cast for the candidate of the candidate's party receiving the greatest number of votes in the precinct.  Any person elected to the office of precinct committee officer who has not filed a declaration of candidacy shall pay the fee of one dollar to the county auditor for a certificate of election.  The term of office of precinct committee officer shall be for two years, commencing upon completion of the official canvass of votes by the county canvassing board of election returns.  Should any vacancy occur in this office by reason of death, resignation, or disqualification of the incumbent, or because of failure to elect, the respective county chair of the county central committee shall be empowered to fill such vacancy by appointment:  PROVIDED, HOWEVER, That in legislative districts having a majority of its precincts in a county with a population of one million or more, such appointment shall be made only upon the recommendation of the legislative district chair:  PROVIDED, That the person so appointed shall have the same qualifications as candidates when filing for election to such office for such precinct:  PROVIDED FURTHER, That when a vacancy in the office of precinct committee officer exists because of failure to elect at a state general election, such vacancy shall not be filled until after the organization meeting of the county central committee and the new county chair selected as provided by RCW 29.42.030.

    Sec. 340.  RCW 29.62.010 and 1990 c 59 s 62 are each amended to read as follows:

    Every canvassing board or officer responsible for canvassing and certifying the returns of any primary or election shall:

    (1) Adopt administrative rules to facilitate and govern the canvassing process in that jurisdiction;

    (2) For each primary and election, prepare and sign a statement of the returns for each office, candidate, and issue voted on in that jurisdiction;

    (3) If, at a ((partisan)) primary, two or more candidates ((of the same party)) receive the greatest, and identical, number of votes for an office or position, resolve the tie vote by lot;

    (4) If, at a ((nonpartisan or judicial)) primary where subsection (3) of this section does not apply, two or more candidates receive the second greatest, and identical, number of votes for that office or position, resolve the tie vote by lot.

    Sec. 341.  RCW 29.62.180 and 1999 c 157 s 3 are each amended to read as follows:

    (1) For any office at any election or primary, any voter may write in on the ballot the name of any person for an office who has filed as a write-in candidate for the office in the manner provided by RCW 29.04.180 and such vote shall be counted the same as if the name had been printed on the ballot and marked by the voter.  No write-in vote made for any person who has not filed a declaration of candidacy pursuant to RCW 29.04.180 is valid if that person filed for the same office, either as a regular candidate or a write-in candidate, at the preceding primary, except that nothing in this section invalidates a vote for the sole reason that the vote was cast as a write-in for a candidate whose name appears on the same ballot for the same office.  Any abbreviation used to designate office, position, or political party shall be accepted if the canvassing board can determine, to their satisfaction, the voter's intent.

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

    (3) Write-in votes cast for an individual candidate for an office need not be tallied if the total number of write-in votes cast for the office is not greater than the number of votes cast for ((the)) a candidate apparently ((nominated)) qualified to appear on the general election ballot or elected, and the write-in votes could not have altered the outcome of the primary or election.  In the case of write-in votes for statewide office or for any office whose jurisdiction encompasses more than one county, write-in votes for an individual candidate must be tallied whenever the county auditor is notified by either the office of the secretary of state or another auditor in a multicounty jurisdiction that it appears that the write-in votes could alter the outcome of the primary or election.

    (4) In the case of statewide offices or jurisdictions that encompass more than one county, if the total number of write-in votes cast for an office within a county is greater than the number of votes cast for a candidate apparently ((nominated)) qualified to appear on the general election ballot or elected in a primary or election, the auditor shall tally all write-in votes for individual candidates for that office and notify the office of the secretary of state and the auditors of the other counties within the jurisdiction, that the write-in votes for individual candidates should be tallied.

    Sec. 342.  RCW 29.64.010 and 2001 c 225 s 3 are each amended to read as follows:

(1) An officer of a political party or any person for whom votes were cast in a primary who was not declared ((nominated)) qualified to appear on the general election ballot may file a written application for a recount of the votes or a portion of the votes cast at that primary for all persons for whom votes were cast for ((nomination to)) that office.

(2) An officer of a political party or any person for whom votes were cast at any election may file a written application for a recount of the votes or a portion of the votes cast at that election for all candidates for election to that office.

(3) Any group of five or more registered voters may file a written application for a recount of the votes or a portion of the votes cast upon any question or issue.  They shall designate one of the members of the group as chairman and shall indicate the voting residence of each member of the group.

(4) An application for a recount of the votes cast for an office or on a ballot measure must be filed with the officer with whom filings are made for the jurisdiction.

(5) An application for a recount must specify whether the recount will be done manually or by the vote tally system.  A recount done by the vote tally system must use programming that recounts and reports only the office or ballot measure in question.  The county shall also provide for a test of the logic and accuracy of that program.

(6) An application for a recount shall be filed within three business days after the county canvassing board or secretary of state has declared the official results of the primary or election for the office or issue for which the recount is requested.

(7) This chapter applies to the recounting of votes cast by paper ballots and to the recounting of votes recorded on ballots counted by a vote tally system.

    Sec. 343.  RCW 29.64.015 and 2001 c 225 s 4 are each amended to read as follows:

    (1) If the official canvass of all of the returns for any office at any primary or election reveals that the difference in the number of votes cast for a candidate apparently ((nominated)) qualified to appear on the general election ballot or elected to any office and the number of votes cast for the closest apparently defeated opponent is less than two thousand votes and also less than one-half of one percent of the total number of votes cast for both candidates, the county canvassing board shall conduct a recount of all votes cast on that position.

    (a) Whenever such a difference occurs in the number of votes cast for candidates for a position the declaration of candidacy for which was filed with the secretary of state, the secretary of state shall, within three business days of the day that the returns of the primary or election are first certified by the canvassing boards of those counties, direct those boards to recount all votes cast on the position.

    (b) If the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one hundred fifty votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.

    (2) A mandatory recount shall be conducted in the manner provided by RCW 29.64.020, 29.64.030, and 29.64.040.  No cost of a mandatory recount may be charged to any candidate.

    (3) The apparent winner and closest apparently defeated opponent for an office for which a manual recount is required under subsection (1)(b) of this section may select an alternative method of conducting the recount.  To select such an alternative, the two candidates shall agree to the alternative in a signed, written statement filed with the election official for the office.  The recount shall be conducted using the alternative method if:  It is suited to the balloting system that was used for casting the votes for the office; it involves the use of a vote tallying system that is approved for use in this state by the secretary of state; and the vote tallying system is readily available in each county required to conduct the recount.  If more than one balloting system was used in casting votes for the office, an alternative to a manual recount may be selected for each system.

    Sec. 344.  RCW 29.64.030 and 2001 c 225 s 6 are each amended to read as follows:

    (1) At the time and place established for a recount, the canvassing board or its duly authorized representatives, in the presence of all witnesses who may be in attendance, shall open the sealed containers containing the ballots to be recounted, and shall recount the votes for the offices or issues for which the recount has been ordered.  Ballots shall be handled only by the members of the canvassing board or their duly authorized representatives.

    Witnesses shall be permitted to observe the ballots and the process of tabulating the votes, but they shall not be permitted to handle the ballots.  The canvassing board shall not permit the tabulation of votes for any ((nomination)) qualification, election, or issue other than the ones for which a recount was applied for or required.

    (2) At any time before the ballots from all of the precincts listed in the application for the recount have been recounted, the applicant may file with the board a written request to stop the recount.

    (3) The recount may be observed by persons representing the candidates affected by the recount or the persons representing both sides of an issue that is being recounted.  The observers may not make a record of the names, addresses, or other information on the ballots, poll books, or applications for absentee ballots unless authorized by the superior court.  The secretary of state or county auditor may limit the number of observers to not less than two on each side if, in his or her opinion, a greater number would cause undue delay or disruption of the recount process.

    Sec. 345.  RCW 29.64.040 and 2001 c 225 s 8 are each amended to read as follows:

    Upon completion of the canvass of a recount, the canvassing board shall prepare and certify an amended abstract showing the votes cast in each precinct for which the recount was conducted.  Copies of the amended abstracts must be transmitted to the same officers who received the abstract on which the recount was based.

    If the ((nomination, election,)) office or issue for which the recount was conducted was submitted only to the voters of a county, the canvassing board shall file the amended abstract with the original results of that election or primary.

    If the ((nomination, election,)) office or issue for which a recount was conducted was submitted to the voters of more than one county, the secretary of state shall canvass the amended abstracts and shall file an amended abstract with the original results of that election.  An amended abstract certified under this section supersedes any prior abstract of the results for the same offices or issues at the same primary or election.

    Sec. 346.  RCW 29.64.060 and 2001 c 225 s 10 are each amended to read as follows:

    The canvassing board shall determine the expenses for conducting a recount of votes.

    The cost of the recount shall be deducted from the amount deposited by the applicant for the recount at the time of filing the request for the recount, and the balance shall be returned to the applicant.  If the costs of the recount exceed the deposit, the applicant shall pay the difference.  No charges may be deducted by the canvassing board from the deposit for a recount if the recount changes the result of the ((nomination)) primary or election for the office or issue for which the recount was ordered.

    Sec. 347.  RCW 29.68.080 and 1990 c 59 s 105 are each 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)) qualifying 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 29.15.020 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. 348.  RCW 29.68.130 and 1985 c 45 s 7 are each amended to read as follows:

    The general election laws and laws relating to ((partisan)) primaries ((shall)) for partisan offices apply to the special primaries and vacancy elections provided for in RCW 29.68.080 through 29.68.120 to the extent that they are not inconsistent with the provisions of these sections.  Statutory time deadlines relating to availability of absentee ballots, certification, canvassing, and related procedures that cannot be met in a timely fashion may be modified for the purposes of a specific primary or vacancy election under this chapter by the secretary of state through emergency rules adopted under RCW 29.04.080.

    Sec. 349.  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 political party and each minor political party or independent candidate convention held under chapter 29.24 RCW that ((nominates)) proposes candidates for president and vice president of the United States shall ((nominate)) certify a slate of presidential electors for this state.  The party or ((convention)) independent 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)) authorized party official or the same voter who both signed and filed the convention certificate, 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)) certified 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.

    Sec. 350.  RCW 29.81.220 and 1999 c 260 s 2 are each amended to read as follows:

    The voters' pamphlet must contain:

    (1) Information about each ballot measure initiated by or referred to the voters for their approval or rejection as required by RCW 29.81.250;

    (2) In even-numbered years, statements, if submitted, advocating the candidacies of ((nominees)) candidates qualified to appear on the ballot for the office of president and vice president of the United States, United States senator, United States representative, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, commissioner of public lands, superintendent of public instruction, insurance commissioner, state senator, state representative, justice of the supreme court, judge of the court of appeals, or judge of the superior court.  Candidates may also submit a campaign mailing address and telephone number and a photograph not more than five years old and of a size and quality that the secretary of state determines to be suitable for reproduction in the voters' pamphlet;

    (3) In odd-numbered years, if any office voted upon statewide appears on the ballot due to a vacancy, then statements and photographs for candidates for any vacant office listed in subsection (2) of this section must appear;

    (4) In even-numbered years, a section explaining how voters may participate in the election campaign process; the address and telephone number of the public disclosure commission established under RCW 42.17.350; and a summary of the disclosure requirements that apply when contributions are made to candidates and political committees;

    (5) In even-numbered years the name, address, and telephone number of each political party ((with nominees listed in the pamphlet, if filed with the secretary of state by the state committee of a major political party or the presiding officer of the convention of a minor political party)) for which a candidate appearing on the ballot has expressed a preference on his or her declaration of candidacy, if the party has provided that information to the secretary of state;

    (6) In each odd-numbered year immediately before a year in which a president of the United States is to be nominated and elected, information explaining the precinct caucus and convention process used by each major political party to elect delegates to its national presidential candidate nominating convention.  The pamphlet must also provide a description of the statutory procedures by which minor political parties are formed and the statutory methods used by the parties to nominate candidates for president;

    (7) In even-numbered years, a description of the office of precinct committee officer and its duties;

    (8) An application form for an absentee ballot;

    (9) A brief statement explaining the deletion and addition of language for proposed measures under RCW 29.81.260; and

    (10) Any additional information pertaining to elections as may be required by law or in the judgment of the secretary of state is deemed informative to the voters.

    Sec. 351.  RCW 29.85.100 and 1991 c 81 s 8 are each amended to read as follows:

    Every person who:

    (1) Knowingly and falsely issues a certificate of ((nomination or)) election or a certificate stating which candidates for office have qualified to appear on the general election ballot; or

    (2) ((Knowingly provides false information on a certificate which must be filed with an elections officer under chapter 29.24 RCW; or

    (3))) Knowingly provides false information on his or her declaration of candidacy or petition of ((nomination)) candidacy; or

    (((4))) (3) Conceals or fraudulently defaces or destroys a ((certificate which has been filed with an elections officer under chapter 29.24 RCW or a)) declaration of candidacy or petition of ((nomination which)) candidacy that has been filed with an elections officer, or any part of such a certificate, declaration, or petition, is guilty of a class C felony punishable under RCW 9A.20.021.

    Sec. 352.  RCW 42.17.020 and 1995 c 397 s 1 are each amended to read as follows:

    (1) "Agency" includes all state agencies and all local agencies.  "State agency" includes every state office, department, division, bureau, board, commission, or other state agency.  "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.

    (2) "Authorized committee" means the political committee authorized by a candidate, or by the public official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or public official.

    (3) "Ballot proposition" means any "measure" as defined by RCW 29.01.110, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency prior to its circulation for signatures.

    (4) "Benefit" means a commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.

    (5) "Bona fide political party" means:

    (a) An organization that has filed a valid convention certificate ((of nomination)) with the secretary of state under chapter 29.24 RCW;

    (b) The governing body of the state organization of a major political party, as defined in RCW 29.01.090, that is the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party; or

    (c) The county central committee or legislative district committee of a major political party.  There may be only one legislative district committee for each party in each legislative district.

    (6) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.

    (7) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.

    (8) "Candidate" means any individual who seeks ((nomination)) qualification for election or election to public office.  An individual seeks ((nomination)) qualification or election when he or she first:

    (a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office;

    (b) Announces publicly or files for office;

    (c) Purchases commercial advertising space or broadcast time to promote his or her candidacy; or

    (d) Gives his or her consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.

    (9) "Caucus political committee" means a political committee organized and maintained by the members of a major political party in the state senate or state house of representatives.

    (10) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.

    (11) "Commission" means the agency established under RCW 42.17.350.

    (12) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind:  PROVIDED, That for the purpose of compliance with RCW 42.17.241, the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.

    (13) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.

    (14)(a) "Contribution" includes:

    (i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or anything of value, including personal and professional services for less than full consideration;

    (ii) An expenditure made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a political committee, or their agents;

    (iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising prepared by a candidate, a political committee, or its authorized agent;

    (iv) Sums paid for tickets to fund-raising events such as dinners and parties, except for the actual cost of the consumables furnished at the event.

    (b) "Contribution" does not include:

    (i) Standard interest on money deposited in a political committee's account;

    (ii) Ordinary home hospitality;

    (iii) A contribution received by a candidate or political committee that is returned to the contributor within five business days of the date on which it is received by the candidate or political committee;

    (iv) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;

    (v) An internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;

    (vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker.  "Volunteer services," for the purposes of this section, means services or labor for which the individual is not compensated by any person;

    (vii) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or property occupied by a person.  However, a facility used for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit of the person providing the facility;

    (viii) Legal or accounting services rendered to or on behalf of:

    (A) A political party or caucus political committee if the person paying for the services is the regular employer of the person rendering such services; or

    (B) A candidate or an authorized committee if the person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of ensuring compliance with state election or public disclosure laws.

    (c) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution.  Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution.  Such a contribution must be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the provider.

    (15) "Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.

    (16) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters:  PROVIDED, That an election in which the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.

    (17) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a ballot proposition.

    (18) "Election cycle" means the period beginning on the first day of December after the date of the last previous general election for the office that the candidate seeks and ending on November 30th after the next election for the office.  In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on November 30th after the special election.

    (19) "Expenditure" includes a payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure.  The term "expenditure" also includes a promise to pay, a payment, or a transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign.  For the purposes of this chapter, agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations until actual payment is made.  The term "expenditure" shall not include the partial or complete repayment by a candidate or political committee of the principal of a loan, the receipt of which loan has been properly reported.

    (20) "Final report" means the report described as a final report in RCW 42.17.080(2).

    (21) "General election" for purposes of the limitation under RCW 42.17.640 means the election that results in the election of a person to a state office.  It does not include a primary.

    (22) "Gift," is as defined in RCW 42.52.010.

    (23) "Immediate family" includes the spouse, dependent children, and other dependent relatives, if living in the household.  For the purposes of RCW 42.17.640 through 42.17.790, "immediate family" means an individual's spouse, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse and the spouse of any such person.

    (24) "Independent expenditure" means an expenditure that has each of the following elements:

    (a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;

    (b) The expenditure pays in whole or in part for political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; and

    (c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of five hundred dollars or more.  A series of expenditures, each of which is under five hundred dollars, constitutes one independent expenditure if their cumulative value is five hundred dollars or more.

    (25)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another person unless the contribution is from the individual's employer, immediate family as defined for purposes of RCW 42.17.640 through 42.17.790, or an association to which the individual belongs.

    (b) A treasurer or a candidate is not an intermediary for purposes of the committee that the treasurer or candidate serves.

    (c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and customary rate.

    (d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that event.

    (26) "Legislation" means bills, resolutions, motions, amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any other matter that may be the subject of action by either house or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval by the governor.

    (27) "Lobby" and "lobbying" each mean attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW.  Neither "lobby" nor "lobbying" includes an association's or other organization's act of communicating with the members of that association or organization.

    (28) "Lobbyist" includes any person who lobbies either in his or her own or another's behalf.

    (29) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he or she is compensated for acting as a lobbyist.

    (30) "Person" includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.

    (31) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, the term "person in interest" means and includes the parent or duly appointed legal representative.

    (32) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations, or other means of mass communication, used for the purpose of appealing, directly or indirectly, for votes or for financial or other support in any election campaign.

    (33) "Political committee" means any person (except a candidate or an individual dealing with his or her own funds or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition.

    (34) "Primary" for purposes of the limitation under RCW 42.17.640 means the procedure for ((nominating a candidate to state office under chapter 29.18 or 29.21 RCW or any other primary for an election that uses, in large measure, the procedures established in chapter 29.18 or 29.21)) qualifying candidates to the general election ballot under Title 29 RCW.

    (35) "Public office" means any federal, state, county, city, town, school district, port district, special district, or other state political subdivision elective office.

    (36) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.  For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following:  All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.

    (37) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under RCW 29.82.015 and ending thirty days after the recall election.

    (38) "State legislative office" means the office of a member of the state house of representatives or the office of a member of the state senate.

    (39) "State office" means state legislative office or the office of governor, lieutenant governor, secretary of state, attorney general, commissioner of public lands, insurance commissioner, superintendent of public instruction, state auditor, or state treasurer.

    (40) "State official" means a person who holds a state office.

    (41) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain in the possession or control of that committee or candidate subsequent to the election for which the contributions were received, and that are in excess of the amount necessary to pay remaining debts incurred by the committee or candidate prior to that election.  In the case of a continuing political committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW 42.17.065.

    (42) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

    As used in this chapter, the singular ((shall)) takes the plural and any gender, the other, as the context requires.

                              PART IV

                   RELATED TECHNICAL PROVISIONS

NEW SECTION. Sec. 401.  (1) Section 102 of this act must be codified at the beginning of chapter 29.18 RCW.

    (2) The code reviser shall recaption chapter 29.18 RCW as "Primaries and elections for partisan offices."

    (3) The code reviser shall recaption RCW 29.30.085 as "Candidates qualified for general election."

    (4) The code reviser shall recaption RCW 29.18.200 as "Rights of voters in primary elections."

NEW SECTION. Sec. 402.  The following acts or parts of acts are each repealed:

(1) RCW 29.01.160 (September primary) and 1965 c 9 s 29.01.160;

(2) RCW 29.18.150 (Vacancies on major party ticket caused by no filing--How filled) and 1990 c 59 s 102, 1977 ex.s. c 329 s 12, & 1965 c 9 s 29.18.150;

(3) RCW 29.24.--- and 2001 c 30 s 4; and

(4) RCW 29.30.095 (Partisan candidates qualified for general election) and 1990 c 59 s 96.

NEW SECTION. Sec. 403.  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 June 1, 2001.

NEW SECTION. Sec. 404.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 405.  Part headings used in this act are not part of the law."

    Correct the title.

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