BILL REQ. #:  H-3775.1 

Read first time 01/19/2004.   Referred to Committee on State Government.

     AN ACT Relating to an open primary; amending RCW 29A.04.085, 29A.12.100, 29A.20.120, 29A.20.140, 29A.20.150, 29A.20.200, 29A.24.100, 29A.24.210, 29A.24.310, 29A.28.040, 29A.28.060, 29A.32.240, 29A.36.100, 29A.36.130, 29A.36.190, 29A.36.200, 29A.40.090, 29A.52.310, 29A.80.060, 29A.04.610, and 42.17.020; adding new sections to chapter 29A.08 RCW; adding new sections to chapter 29A.36 RCW; adding new sections to chapter 29A.52 RCW; repealing RCW 29A.36.140, 29A.52.110, 29A.52.120, 29A.52.130, and 29A.04.903; and declaring an emergency.

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

Sec. 1   RCW 29A.04.085 and 2003 c 111 s 115 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. A political party qualifying as a major political party under this section retains such status until the next even-year election at which a candidate of that party does not achieve at least five percent of the vote for one of the previously specified offices. If none of these offices appear on the ballot in an even-year general election, the major party retains its status as a major party through that election. However, a political party of which no nominee received at least ten percent of the total vote cast may forgo its status as a major political party by filing with the secretary of state an appropriate party rule within sixty days of attaining major party status under this section, or within fifteen days of the effective date of this act, whichever is later.

NEW SECTION.  Sec. 2   A new section is added to chapter 29A.08 RCW to read as follows:
     No record may be created or maintained by a state or local governmental agency or a political organization that identifies a voter with the information marked on the voter's ballot, including the choice that a voter makes on a partisan primary ballot regarding political party affiliation.

NEW SECTION.  Sec. 3   A new section is added to chapter 29A.08 RCW to read as follows:
     Under no circumstances may an individual be required to affiliate with, join, adhere to, express faith in, or declare a preference for, a political party or organization upon registering to vote.

Sec. 4   RCW 29A.12.100 and 2003 c 111 s 310 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 29A.36.140;
     (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. 5   RCW 29A.20.120 and 2003 c 111 s 506 are each amended to read as follows:
     (1) Any nomination of a candidate 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 29A.28.040; (b) as provided by RCW 29A.60.020; or (c) as otherwise provided in this section. Minor political party and independent candidates may appear only on the general election ballot.
     (2) Nominations of candidates 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 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 29A.24.210, 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 general election ballot unless they are nominated by convention held no later than five days after the close of the special filing period and a certificate of nomination is filed with the filing officer no later than three days after the convention. The requirements of RCW 29A.20.130 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 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 more than one candidate for any one partisan public office or position. For the purpose of nominating candidates for the offices of president and vice president, United States senator, or a 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 29A.20.140. For all other offices for which nominations are made, signatures of the requisite number of registered voters must be obtained at a single convention.

Sec. 6   RCW 29A.20.140 and 2003 c 111 s 508 are each amended to read as follows:
     (1) To be valid, a convention must be attended by at least ((twenty-five)) one hundred registered voters.
     (2) In order to nominate candidates for the offices of president and vice president of the United States, United States senator, United States representative, or any statewide office, a nominating convention shall obtain and submit to the filing officer the signatures of at least ((two hundred)) one thousand registered voters of the state of Washington. In order to nominate candidates for any other office, a nominating convention shall obtain and submit to the filing officer the signatures of ((twenty-five)) one hundred persons who are registered to vote in the jurisdiction of the office for which the nominations are made.

Sec. 7   RCW 29A.20.150 and 2003 c 111 s 509 are each amended to read as follows:
     A nominating petition submitted under this chapter shall clearly identify the name of the minor party or independent candidate convention as it appears on the certificate of nomination as required by RCW 29A.20.160(3). The petition shall also contain a statement that the person signing the petition is a registered voter of the state of Washington and shall have a space for the voter to sign his or her name and to print his or her name and address. No person may sign more than one nominating petition under this chapter for an office for ((a primary or)) an election.

Sec. 8   RCW 29A.20.200 and 2003 c 111 s 514 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 with that office. Except for the offices of president and vice president, persons nominated under this chapter shall file declarations of candidacy as provided by RCW 29A.24.030 and 29A.24.070. The name of a candidate nominated at a convention shall not be printed upon the ((primary)) general election ballot unless he or she pays the fee required by law to be paid by candidates for the same office to be nominated at a primary.

Sec. 9   RCW 29A.24.100 and 2003 c 111 s 610 are each amended to read as follows:
     (1) The nominating petition authorized by RCW 29A.24.090 ((shall)) must be printed on sheets of uniform color and size, ((shall)) must include a place for each individual to sign and print his or her name and the address, city, and county at which he or she is registered to vote, and must contain no more than twenty numbered lines((, and)).
     (2) For candidates for nonpartisan office and candidates of a major political party for partisan office, the nominating petition must be in substantially the following form:

The warning prescribed by RCW 29A.72.140; followed by:

Sec. 10   RCW 29A.24.210 and 2003 c 111 s 621 are each amended to read as follows:
     Filings for a partisan elective office shall 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 sixth 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 special three-day filing period shall be fixed by the election officer with whom declarations of candidacy 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 during the regular filing period.

Sec. 11   RCW 29A.24.310 and 2003 c 111 s 622 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 file a declaration of candidacy with the officer designated in RCW 29A.24.070 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 29A.24.090.
     Votes cast for write-in candidates who have filed such declarations of candidacy and write-in votes for persons appointed by major political parties pursuant to RCW 29A.28.020 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 political party, if the manner in which the write-in is done does not make the office or position clear. 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 29A.24.030. No write-in candidate filing under this section may be included in any voter's pamphlet produced under chapter 29A.32 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 29A.32 RCW may provide, by ordinance, for the inclusion of write-in candidates in such pamphlets.

Sec. 12   RCW 29A.28.040 and 2003 c 111 s 704 are each amended to read as follows:
     (1) Whenever a vacancy occurs in the United States house of representatives or the United States senate from 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 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 29A.24.050 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 major political party 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.

Sec. 13   RCW 29A.28.060 and 2003 c 111 s 706 are each amended to read as follows:
     The general election laws and laws relating to partisan primaries shall apply to the special primaries and vacancy elections provided for in RCW 29A.28.040 through 29A.28.050 to the extent that they are not inconsistent with the provisions of these sections. Minor political party and independent candidates may appear only on the general election ballot. 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 29A.04.610.

Sec. 14   RCW 29A.32.240 and 2003 c 111 s 816 are each amended to read as follows:
     The local voters' pamphlet shall include but not be limited to the following:
     (1) Appearing on the cover, the words "official local voters' pamphlet," the name of the jurisdiction producing the pamphlet, and the date of the election or primary;
     (2) A list of jurisdictions that have measures or candidates in the pamphlet;
     (3) Information on how a person may register to vote and obtain an absentee ballot;
     (4) The text of each measure accompanied by an explanatory statement prepared by the prosecuting attorney for any county measure or by the attorney for the jurisdiction submitting the measure if other than a county measure. All explanatory statements for city, town, or district measures not approved by the attorney for the jurisdiction submitting the measure shall be reviewed and approved by the county prosecuting attorney or city attorney, when applicable, before inclusion in the pamphlet;
     (5) The arguments for and against each measure submitted by committees selected pursuant to RCW 29A.32.280; and
     (6) For partisan primary elections, information on how to vote a consolidated ballot or separate ballot, whichever is applicable.

Sec. 15   RCW 29A.36.100 and 2003 c 111 s 910 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, or for independent or minor party candidates, the names of all candidates who, under this title, filed a declaration of candidacy((,)) or were certified as a candidate to fill a vacancy on a major party ticket((, or were nominated as an independent or minor party candidate)) will appear on the appropriate ballot at the primary throughout the jurisdiction in which they are to be nominated.

NEW SECTION.  Sec. 16   A new section is added to chapter 29A.36 RCW to read as follows:
     Partisan primaries must be conducted using either:
     (1) A consolidated ballot format that includes a major political party identification check-off box that allows a voter to select from a list of the major political parties the major political party with which the voter chooses to affiliate. The consolidated ballot must also include the candidates for all nonpartisan races appearing on the ballot, as well as all ballot measures appearing on the ballot; or
     (2) A physically separate ballot format that requires physically separate ballots for each major political party. A major political party ballot may include only the names of candidates who designated that same major political party in their declarations of candidacy, as required by RCW 29A.24.030. Each major political party ballot must include all nonpartisan races and ballot measures appearing on the ballot.

NEW SECTION.  Sec. 17   A new section is added to chapter 29A.36 RCW to read as follows:
     (1) If the consolidated ballot format allowed under section 16(1) of this act is used, the major political party identification check-off box must appear on the primary ballot before the names of candidates and ballot measures. Clear and concise instructions to the voter must be prominently displayed immediately before the list of major political parties, and must include:
     (a) A question asking the voter to indicate the major political party with which the voter chooses to affiliate;
     (b) A statement that votes cast for a major political party candidate by a voter who chooses to affiliate with a different major political party will not be tabulated or reported;
     (c) A statement that votes cast for a major political party candidate by a voter who fails to select a major political party affiliation will not be tabulated or reported;
     (d) A statement that votes cast for a major political party candidate by a voter who selects more than one major political party with which to affiliate will not be tabulated or reported; and
     (e) A statement that the party identification option will not affect votes cast for candidates for nonpartisan offices, or for or against ballot measures.
     (2) If the physically separate ballot format allowed under section 16(2) of this act is used, clear and concise instructions to the voter must be prominently displayed on each ballot, and must include:
     (a) A statement explaining that only one ballot may be voted;
     (b) A statement explaining that if more than one ballot is voted, none of the ballots will be tabulated or reported; and
     (c) A statement explaining that the voter's affiliation with a major political party will be inferred from the act of voting the ballot for that major political party.

Sec. 18   RCW 29A.36.130 and 2003 c 111 s 913 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, determine by lot the order in which the names of those candidates will appear on all primary, 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.)) 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 29A.52.010 or 29A.52.220, or if any independent or minor party candidate files a declaration of candidacy, the names shall appear on the general election ballot in the order determined by lot.

Sec. 19   RCW 29A.36.190 and 2003 c 111 s 919 are each amended to read as follows:
     The name of a candidate for a partisan office for which a primary was conducted shall not be printed on the ballot for that office at the subsequent general election unless the candidate receives a number of votes equal to at least one percent of the total number of votes cast for all candidates for that ((position sought)) office and a plurality of the votes cast for the candidates of his or her party for that office at the preceding primary. For major political party candidates appearing on a consolidated ballot format, plurality is determined only by the tabulation of votes cast by voters affiliated with that major political party.

Sec. 20   RCW 29A.36.200 and 2003 c 111 s 920 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 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 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)) an independent candidate or minor party convention, or (4) the state or county central committee of a major or minor political party to fill a vacancy on its ticket under RCW 29A.28.020.
     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 or elected at the same election.

Sec. 21   RCW 29A.40.090 and 2003 c 111 s 1009 are each amended to read as follows:
     The county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor. The instructions that accompany an absentee ballot for a partisan primary must include instructions for voting a consolidated ballot or a physically separate ballot, whichever is applicable, as provided in section 17 of this act. The larger return envelope must contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The return envelope must provide space for the voter to indicate the date on which the ballot was voted and for the voter to sign the oath. A summary of the applicable penalty provisions of this chapter must be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. For out-of-state voters, overseas voters, and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. The voter must be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first class postage, if applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which the ballot was issued.
     If the county auditor chooses to forward absentee ballots, he or she must include with the ballot a clear explanation of the qualifications necessary to vote in that election and must also advise a voter with questions about his or her eligibility to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed directly on the ballot itself. If the information is not included, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.

NEW SECTION.  Sec. 22   A new section is added to chapter 29A.52 RCW to read as follows:
     Major political party candidates for all partisan elected offices, except for president and vice president, precinct committee officer, and offices exempted from the primary under RCW 29A.52.010, must be nominated at primaries held under sections 23 through 27 of this act.

NEW SECTION.  Sec. 23   A new section is added to chapter 29A.52 RCW to read as follows:
     It is the intent of the legislature to create a primary for all partisan elected offices, except for president and vice president, precinct committee officer, and offices exempted from the primary under RCW 29A.52.010, that:
     (1) Allows each voter to participate;
     (2) Preserves the privacy of each voter's party affiliation;
     (3) Rejects mandatory voter registration by political party;
     (4) Protects ballot access for all candidates, including minor political party and independent candidates;
     (5) Maintains a candidate's right to self-identify with any major political party; and
     (6) Upholds a political party's First Amendment right of association.

NEW SECTION.  Sec. 24   A new section is added to chapter 29A.52 RCW to read as follows:
     Instructions for voting a consolidated ballot or a physically separate ballot, whichever is applicable, must appear, at the very least, in:
     (1) Any primary voters' pamphlet prepared by the secretary of state or a local government if a partisan office will appear on the ballot;
     (2) Instructions that accompany any partisan primary ballot sent by a county auditor to an absentee voter;
     (3) Any notice of a partisan primary published in compliance with RCW 29A.52.310;
     (4) A sample ballot prepared by a county auditor under RCW 29A.36.150 for a partisan primary; and
     (5) The web site of the office of the secretary of state and any existing web site of a county auditor's office.

NEW SECTION.  Sec. 25   A new section is added to chapter 29A.52 RCW to read as follows:
     (1) Under a consolidated ballot format:
     (a) Votes cast for a major political party candidate by a voter who chooses to affiliate with a different major political party may not be tabulated or reported;
     (b) Votes cast for a major political party candidate by a voter who fails to select a major political party affiliation may not be tabulated or reported;
     (c) Votes cast for a major political party candidate by a voter who selects more than one major political party with which to affiliate may not be tabulated or reported;
     (d) Votes cast for a major political party candidate by voters who choose to affiliate with that major political party must be tabulated and reported; and
     (e) Votes properly cast may not be affected by votes improperly cast for other races.
     (2) Under a physically separate ballot format:
     (a) Only one ballot may be voted;
     (b) If more than one ballot is voted, none of the ballots will be tabulated or reported; and
     (c) A voter's affiliation with a major political party will be inferred from the act of voting the ballot for that major political party.

NEW SECTION.  Sec. 26   A new section is added to chapter 29A.52 RCW to read as follows:
     So far as applicable, the provisions of this title relating to conducting general elections govern the conduct of primaries.

NEW SECTION.  Sec. 27   A new section is added to chapter 29A.52 RCW to read as follows:
     Nothing in this chapter may be construed to mean that a voter may cast more than one vote for candidates for a given office.

Sec. 28   RCW 29A.52.310 and 2003 c 111 s 1309 are each amended to read as follows:
     Not more than ten nor less than three days before the primary the county auditor shall publish notice of such primary in one or more newspapers of general circulation within the county. The notice must contain the proper party designations, the names and addresses of all persons who have filed a declaration of candidacy to be voted upon at that primary, instructions for voting a consolidated ballot or a physically separate ballot, whichever is applicable, as provided in section 17 of this act, the hours during which the polls will be open, and the polling places for each precinct, giving the address of each polling place. The names of all candidates for nonpartisan offices must be published separately with designation of the offices for which they are candidates but without party designation. This is the only notice required for the holding of any primary.

Sec. 29   RCW 29A.80.060 and 2003 c 111 s 2006 are each amended to read as follows:
     Within forty-five days after the statewide general election in even-numbered years, the county chair of each major political party shall call separate meetings of all elected precinct committee officers in each legislative district((, a majority of the precincts of which are within a county with a population of one million or more)) for the purpose of electing a legislative district chair in such district. The district chair shall hold office until the next legislative district reorganizational meeting two years later, or until a successor is elected.
     The legislative district chair may be removed only by the majority vote of the elected precinct committee officers in the chair's district.

Sec. 30   RCW 29A.04.610 and 2003 c 111 s 161 are each amended to read as follows:
     The secretary of state as chief election officer shall make reasonable rules in accordance with chapter 34.05 RCW not inconsistent with the federal and state election laws to effectuate any provision of this title and to facilitate the execution of its provisions in an orderly, timely, and uniform manner relating to any federal, state, county, city, town, and district elections. To that end the secretary shall assist local election officers by devising uniform forms and procedures.
     In addition to the rule-making authority granted otherwise by this section, the secretary of state shall make rules governing the following provisions:
     (1) The maintenance of voter registration records;
     (2) The preparation, maintenance, distribution, review, and filing of precinct maps;
     (3) Standards for the design, layout, and production of ballots;
     (4) The examination and testing of voting systems for certification;
     (5) The source and scope of independent evaluations of voting systems that may be relied upon in certifying voting systems for use in this state;
     (6) Standards and procedures for the acceptance testing of voting systems by counties;
     (7) Standards and procedures for testing the programming of vote tallying software for specific primaries and elections;
     (8) Standards and procedures for the preparation and use of each type of certified voting system including procedures for the operation of counting centers where vote tallying systems are used;
     (9) Standards and procedures to ensure the accurate tabulation and canvassing of ballots;
     (10) Consistency among the counties of the state in the preparation of ballots, the operation of vote tallying systems, and the canvassing of primaries and elections;
     (11) Procedures to ensure the secrecy of a voter's ballot when a small number of ballots are counted at the polls or at a counting center;
     (12) The use of substitute devices or means of voting when a voting device at the polling place is found to be defective, the counting of votes cast on the defective device, the counting of votes cast on the substitute device, and the documentation that must be submitted to the county auditor regarding such circumstances;
     (13) Procedures for the transportation of sealed containers of voted ballots or sealed voting devices;
     (14) The acceptance and filing of documents via electronic facsimile;
     (15) Voter registration applications and records;
     (16) The use of voter registration information in the conduct of elections;
     (17) The coordination, delivery, and processing of voter registration records accepted by driver licensing agents or the department of licensing;
     (18) The coordination, delivery, and processing of voter registration records accepted by agencies designated by the governor to provide voter registration services;
     (19) Procedures to receive and distribute voter registration applications by mail;
     (20) Procedures for a voter to change his or her voter registration address within a county by telephone;
     (21) Procedures for a voter to change the name under which he or she is registered to vote;
     (22) Procedures for canceling dual voter registration records and for maintaining records of persons whose voter registrations have been canceled;
     (23) Procedures for the electronic transfer of voter registration records between county auditors and the office of the secretary of state;
     (24) Procedures and forms for declarations of candidacy;
     (25) Procedures and requirements for the acceptance and filing of declarations of candidacy by electronic means;
     (26) Procedures for the circumstance in which two or more candidates have a name similar in sound or spelling so as to cause confusion for the voter;
     (27) Filing for office;
     (28) The order of positions and offices on a ballot;
     (29) Sample ballots;
     (30) Independent evaluations of voting systems;
     (31) The testing, approval, and certification of voting systems;
     (32) The testing of vote tallying software programming;
     (33) Standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of absentee ballots and mail ballots;
     (34) Standards and procedures to guarantee the secrecy of absentee ballots and mail ballots;
     (35) Uniformity among the counties of the state in the conduct of absentee voting and mail ballot elections;
     (36) Standards and procedures to accommodate out-of-state voters, overseas voters, and service voters;
     (37) The tabulation of paper ballots before the close of the polls;
     (38) The accessibility of polling places and registration facilities that are accessible to elderly and disabled persons;
     (39) The aggregation of precinct results if reporting the results of a single precinct could jeopardize the secrecy of a person's ballot;
     (40) Procedures for conducting a statutory recount;
     (41) Procedures for filling vacancies in congressional offices if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and related procedures cannot be met;
     (42) Procedures for the statistical sampling of signatures for purposes of verifying and canvassing signatures on initiative, referendum, and recall election petitions;
     (43) Standards and deadlines for submitting material to the office of the secretary of state for the voters' pamphlet;
     (44) Deadlines for the filing of ballot titles for referendum bills and constitutional amendments if none have been provided by the legislature;
     (45) Procedures for the publication of a state voters' pamphlet; ((and))
     (46) Procedures for conducting special elections regarding nuclear waste sites if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and related procedures cannot be met; and
     (47) Procedures for conducting partisan primary elections.

Sec. 31   RCW 42.17.020 and 2002 c 75 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)) 29A.04.091, 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 certificate of nomination with the secretary of state under chapter ((29.24)) 29A.20 RCW;
     (b) The governing body of the state organization of a major political party, as defined in RCW ((29.01.090)) 29A.04.085, 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 for election or election to public office. An individual seeks nomination 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 the purposes of 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 the purposes of RCW 42.17.640 means the ((procedure for nominating)) election that nominates 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 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)) 29A.56.120 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 take the plural and any gender, the other, as the context requires.

NEW SECTION.  Sec. 32   The following acts or parts of acts are each repealed:
     (1) RCW 29A.36.140 (Primaries -- Rotating names of candidates) and 2003 c 111 s 914;
     (2) RCW 29A.52.110 (Application of chapter) and 2003 c 111 s 1302;
     (3) RCW 29A.52.120 (General election laws govern primaries) and 2003 c 111 s 1303;
     (4) RCW 29A.52.130 (Blanket primary authorized) and 2003 c 111 s 1304; and
     (5) RCW 29A.04.903 (Effective date--2003 c 111) and 2003 c 111 s 2405.

NEW SECTION.  Sec. 33   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. 34   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.