BILL REQ. #:  H-0292.1 

Read first time 01/15/2003.   Referred to Committee on State Government.

     AN ACT Relating to the order of candidates on ballots; amending RCW 29.30.025, 29.33.320, and 35.22.055; and repealing RCW 29.30.040.

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

Sec. 1   RCW 29.30.025 and 1990 c 59 s 80 are each amended to read as follows:
     After the close of business on the last day for candidates to file for office, the filing officer shall, from among those filings made in person ((and)), by mail, and by electronic means, determine by lot the order in which the names of those candidates will appear on all ((sample and absentee ballots. In the case of candidates for city, town, and district office, this procedure shall also determine the order for candidate names on the official primary ballot used at the polling place)) primary ballots, including sample ballots. The determination shall be done publicly and may be witnessed by the media and by any candidate. If no primary is required for any nonpartisan office under RCW 29.15.150 or 29.21.015, the names shall appear on the general election ballot in the order determined by lot.

Sec. 2   RCW 29.33.320 and 1990 c 59 s 28 are each amended to read as follows:
     The secretary of state shall not approve a vote tallying system unless it:
     (1) Correctly counts votes on ballots on which the proper number of votes have been marked for any office or issue;
     (2) Ignores votes marked for any office or issue where more than the allowable number of votes have been marked, but correctly counts the properly voted portions of the ballot;
     (3) Accumulates a count of the specific number of ballots tallied for each precinct, total votes by candidate for each office, and total votes for and against each issue of the ballot in that precinct;
     (4) ((Accommodates rotation of candidates' names on the ballot under RCW 29.30.040;
     (5))) Produces precinct and cumulative totals in printed form; and
     (((6))) (5) Except for functions or capabilities unique to this state, has been tested, certified, and used in at least one other state or election jurisdiction.

Sec. 3   RCW 35.22.055 and 1974 ex.s. c 1 s 1 are each amended to read as follows:
     Notwithstanding any other provision of law, whenever the population of a city is three hundred thousand persons or more, not less than ten days before the time for filing declarations of candidacy for election of freeholders under Article XI, section 10 (Amendment 40), of the state Constitution, the city clerk shall designate the positions to be filled by consecutive number, commencing with one. The positions to be designated shall be dealt with as separate offices for all election purposes, and each candidate shall file for one, but only one, of the positions so designated.
     In the printing of ballots, the positions of the names of candidates for each numbered position ((shall be changed as many times as there are candidates for the numbered positions, following insofar as applicable the procedure provided for in RCW 29.30.040 for the rotation of names on primary ballots, the intention being that ballots at the polls will reflect as closely as practicable the rotation procedure as provided for therein)) must be arranged in the order determined under RCW 29.30.025.

NEW SECTION.  Sec. 4   RCW 29.30.040 (Primaries -- Rotating names of candidates) and 1990 c 59 s 94, 1977 ex.s. c 361 s 54, & 1965 c 9 s 29.30.040 are each repealed.