[atlas:bill]

AN ACT Relating to elections; amending RCW 29.18.200, 29.15.010, 29.15.020, 29.15.025, 29.15.040, 29.15.230, 29.04.180, 29.51.173, and 29.62.180; adding a new section to chapter 29.07 RCW; adding a new section to chapter 29.42 RCW; creating a new section; repealing RCW 29.18.150; and declaring an emergency.

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

PART I

PRESERVE BLANKET PRIMARIES

Sec. 1. RCW 29.18.200 and 1990 c 59 s 88 are each amended to read as follows:

A primary must be held in all instances for each partisan office, other than the offices of president and vice-president of the United States, if at least one person has filed a declaration and affidavit of candidacy as an independent candidate or minor party candidate for the partisan office or if at least one person is certified as a candidate of a major political party for the partisan office. Except as provided otherwise in chapter 29.19 RCW, primaries for partisan offices must be conducted as blanket primaries where all properly registered voters may vote for their choices at ((~~any~~)) the primary ((~~held under this title,~~)) for any candidate for each partisan elective office, regardless of political affiliation and without ((~~a declaration of~~)) declaring political faith or adherence ((~~on the part of the voter~~)).

PART II

VOLUNTARY PARTY REGISTRATION

NEW SECTION. Sec. 2. A new section is added to chapter 29.07 RCW to read as follows:

A system of voluntary party registration is established for Washington state. Each person who registers to vote must be given a separate document for voluntarily registering as a member of any political party or for voluntarily changing or canceling his or her political party membership. Each voter who is provided with a ballot for a primary or general election must be given a separate document for voluntarily registering as a member of any political party or for voluntarily changing or canceling his or her political party membership. Registering as a member of a political party automatically cancels any prior registration as a member of another political party.

Any document for a voter registering as a party member, or for changing or canceling party membership, must include a clear and concise statement indicating that these actions are completely voluntary. The statement must be in bold print of a large font. Party membership is not a condition of eligibility to vote at a primary or election. Party registration records are public records subject to disclosure under chapter 42.17 RCW.

PART III

CANDIDATE CERTIFICATION

NEW SECTION. Sec. 3. A new section is added to chapter 29.42 RCW to read as follows:

A major political party may select and certify one or more candidates for each partisan office and file the certification with the appropriate filing officer along with paying the applicable filing fee for each person so certified. The selection of candidates must be made according to rules adopted by the state central committee or comparable statewide body of the major political party. The rules applicable to the selection of candidates by a major political party for a particular primary are the rules that the party has on file with the secretary of state as of sixty days before the earliest date when a declaration and affidavit of candidacy and certifications of candidates by major political parties may be filed for that primary. A party's rules must allow a party member seeking to be certified as one of the party's candidates for a partisan office, at his or her option, to use either a petition method or a convention process to gain the certification. The rules for both a petition method and convention process must be uniform throughout the state for nominating candidates for each of the following types of partisan office, but may vary among these different types of partisan office: (1) United States senate; (2) United States house of representatives; (3) state offices elected on a statewide basis; (4) state legislative offices; and (5) county offices. A registered party member who is eligible to sign a petition must be allowed to sign separate petitions for different candidates for the same office. Each registered party member who is eligible to vote at a convention to select a candidate must be allowed to vote for each person seeking the nomination for the same office. Each person who obtains the necessary petition or convention approval to be certified as a candidate of a major political party for a partisan office must be included in the list of candidates who are certified to the appropriate filing officer.

Sec. 4. RCW 29.15.010 and 1990 c 59 s 82 are each amended to read as follows:

(1) A ((~~candidate~~)) person who desires to have his or her name printed on the ballot for election to ((an)) a nonpartisan office where ownership of property is not a prerequisite to vote, or who desires to have his or her name printed on the ballot as an independent candidate or minor party candidate for election to a partisan office, 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) 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)~~)) (b) A place for the candidate to indicate the position for which he or she is filing;

((~~(3)~~)) (c) A place for the candidate to indicate ((~~a party designation~~)) his or her status as an independent candidate or minor party candidate who is not a registered member of a major political party, if applicable;

((~~(4)~~)) (d) 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 in lieu of the filing fee under RCW 29.15.050;

((~~(5)~~)) (e) 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

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

(2) A major political party desiring to have one or more names of registered members of that political party printed on the ballot as candidates from that political party for a partisan office, other than president of the United States or vice-president of the United States, may select and certify the name or names of the candidates to the appropriate filing officer along with paying the applicable filing fee for each person so certified. The process for a major political party to select the names of its candidates must be in accordance with section 3 of this act. The certification of candidates must include information the secretary of state deems appropriate.

Sec. 5. RCW 29.15.020 and 1990 c 59 s 81 are each amended to read as follows:

Except where otherwise provided by this title, declarations and affidavits of candidacy, and certifications of candidates for partisan offices from major political parties, for the following offices ((~~shall~~)) must be filed during regular business hours with the filing officer no earlier than the fourth Monday in July and no later than the following Friday in the year in which the office is scheduled to be voted upon:

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

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

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

Sec. 6. RCW 29.15.025 and 1999 c 298 s 9 are each amended to read as follows:

(1)(a) A person filing a declaration and affidavit of candidacy for ((an)) a nonpartisan 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.

(b) A person filing a declaration and affidavit of candidacy as an independent candidate or minor party candidate for a partisan office must, at the time of the filing be a registered voter and possess the qualifications specified by law for persons who may be elected to the partisan office, but may not be a registered member of another political party.

(c) Each person listed on a certification of candidates for a partisan office from a major political party must, at the time of filing or certification, be a registered member of that political party, be a registered voter, and possess the qualifications specified by law for persons who may be elected to the partisan 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 or at the time the certification of candidates from his or her major political party 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 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 or at the time the certification of candidates from his or her major political party is filed, properly registered to vote in that district or division. The officer with whom declarations and affidavits of candidacy and certifications of candidates from major political parties must be filed under this title shall review each ((~~such~~)) declaration ((~~filed regarding~~)) and affidavit of candidacy and each certification of the names of candidates from a major political party to determine compliance with this subsection.

(3) ((~~This section does~~)) As provided in Article I, section 2, paragraph 2, of the United States Constitution, the residency requirements of this section do not apply to candidates for the office of a member of the United States congress.

Sec. 7. 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 and affidavit of candidacy for an office , and any major political party may mail its certification of candidates for partisan offices, to the appropriate filing officer. ((~~Such~~)) Declarations and affidavits of candidacy ((~~shall~~)) and certifications of candidates must be processed by the filing officer in the following manner:

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

(2) Any properly executed declaration and affidavit of candidacy, or certification of candidates from a major political party, 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~~)) must be included with filings made in person during the filing period. In partisan and judicial elections the filing officer shall determine by lot the order in which the names of those candidates ((~~shall~~)) will appear upon sample and absentee primary ballots.

(3) Any declaration and affidavit of candidacy, or certification of candidates from a major political party, received by the filing officer after the close of business on the last day for candidates to file for office ((~~shall~~)) must be rejected and returned to the candidate or major political party attempting to file it.

Sec. 8. RCW 29.15.230 and 1981 c 180 s 2 are each amended to read as follows:

Filings for a partisan elective office ((~~shall~~)) must be opened for a period of three normal business days whenever, on or after the first day of the regular filing period and before the fourth Tuesday prior to a primary, a vacancy occurs in that office, leaving an unexpired term to be filled by an election for which filings have not been held.

((~~Any such~~)) The special three-day filing period ((~~shall~~)) must be fixed by the election officer with whom declarations and affidavits of candidacy, and certification of candidates from major political parties, for that office are filed. The election officer shall give notice of the special three-day filing period by notifying the press, radio, and television in the county or counties involved, and by such other means as may be required by law.

Candidacies validly filed within the special three-day filing period shall appear on the primary ballot as if filed or certified during the regular filing period.

NEW SECTION. Sec. 9. 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 are each repealed.

PART IV

WRITE-IN CANDIDATES

Sec. 10. RCW 29.04.180 and 1999 c 157 s 1 are each amended to read as follows:

Any person who desires to be a write-in candidate and have such votes counted at a primary or election may, if the jurisdiction of the office sought is entirely within one county, file a declaration of candidacy with the county auditor not later than the day before the primary or election. However, except as provided under RCW 29.62.180 for candidates of a major political party appointed to fill a vacancy by death or disqualification, a write-in vote for a partisan office may only be cast for an independent candidate or minor party candidate. If the jurisdiction of the office sought encompasses more than one county the declaration of candidacy shall be filed with the secretary of state not later than the day before the primary or election. Declarations of candidacy for write-in candidates must be accompanied by a filing fee in the same manner as required of other candidates filing for the office as provided in RCW 29.15.050.

Votes cast for write-in candidates who have filed ((~~such~~)) declarations of candidacy ((~~and write-in votes for persons appointed by political parties pursuant to RCW 29.18.160~~)) need only specify the name of the candidate in the appropriate location on the ballot in order to be counted. Write-in votes cast for any other candidate, in order to be counted, must designate the office sought ((~~and~~)), position number ((or)) if applicable, and independent status or minor political party((,)) if applicable. In order for write-in votes to be valid in jurisdictions employing optical-scan mark sense ballot systems the voter must complete the proper mark next to the write-in line for that office.

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

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

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

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

The declaration of candidacy shall be similar to that required by RCW 29.15.010. No write-in candidate filing under RCW 29.04.180 may be included in any voter's pamphlet produced under chapter ((~~29.80~~)) 29.81 RCW unless that candidate qualifies to have his or her name printed on the general election ballot. The legislative authority of any jurisdiction producing a local voter's pamphlet under chapter 29.81A RCW may provide, by ordinance, for the inclusion of write-in candidates in ((~~such~~)) the pamphlets.

Sec. 11. RCW 29.51.173 and 1993 c 1 s 6 are each amended to read as follows:

Nothing in RCW 43.01.015, 44.04.015, 29.68.015, or 29.68.016 prohibits a qualified voter of this state from casting a ballot for any person by writing the name of that person on the ballot in accordance with RCW ((~~29.51.170~~)) 29.62.180 or from having ((~~such a~~)) the ballot counted or tabulated, nor does anything in RCW 43.01.015, 44.04.015, 29.68.015, or 29.68.016 prohibit a person from standing or campaigning for an elective office by means of a write-in campaign. However, except as provided under RCW 29.62.180 for candidates of a major political party appointed to fill a vacancy by death or disqualification, a write-in vote for a partisan office may only be cast for an independent candidate or minor party candidate.

Sec. 12. 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~~)) the vote ((~~shall~~)) must be counted the same as if the name had been printed on the ballot and marked by the voter. A write-in ballot for a partisan office may only be counted if the candidate is an independent candidate or a minor party candidate. However, if a major political party appoints a candidate under RCW 29.18.160 to fill a vacancy by death or disqualification, and the ballots have not been changed to reflect this appointment, a write-in vote cast for the appointed candidate must be counted for the appointed candidate along with the votes cast for the person whose name is printed on the ballot as a candidate from that major political party but otherwise would have been replaced by the appointed candidate if time had permitted. 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. Any abbreviation used to designate office, position, or minor political party ((~~shall~~)) must 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 candidate apparently nominated 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 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.

NEW SECTION. Sec. 13. Part headings used in this act are not part of the law.

NEW SECTION. Sec. 14. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.