BILL REQ. #: S-0684.1
State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/30/2003. Referred to Committee on Government Operations & Elections.
AN ACT Relating to the process for election to local nonpartisan offices; amending RCW 29.65.050; adding a new chapter to Title 29 RCW; creating a new section; and repealing RCW 29.30.085.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
NEW SECTION. Sec. 2
(1) "Instant runoff voting" means a system of voting whereby voters
may rank three or more candidates for the same office in order of
preference, so that voters may indicate a first choice, a second
choice, and so on for as many of the candidates for the office as they
wish, up to the maximum number of choices allowed.
(2) "Choice" means an indication on a ballot of a voter's ranking
of candidates for a particular office according to the voter's
preference.
(3) "Vote" means a ballot choice that is counted toward election of
a candidate. All first choices are votes, and lower ranked choices are
potential votes that may be credited to a candidate, and thus become
votes for the candidate, according to the rules stated in this chapter.
(4) "Stage" or "stage in the counting" means a step in counting
votes, where votes for all remaining candidates are counted to
determine whether a candidate has achieved a majority and, if not,
which candidate or candidates are eliminated.
(5) "Next choice" means the highest ranked choice for a remaining
candidate that has not become a vote at the stage referred to.
(6) "Last place candidate" means a candidate who has received the
fewest votes among the candidates who remain at any stage. Two or more
candidates simultaneously become last place candidates where their
combined votes add up to less than all votes for the candidate with the
next highest number of votes.
(7) "Exhausted ballot" means a ballot on which all available
choices have been used; for example, all choices made on the ballot
have become votes for the various candidates so indicated or contain
choices for eliminated candidates or both and no other choices remain.
(8) "Continuing ballot" means a ballot that is not exhausted.
(9) "Remaining candidate" means a candidate who has not been
eliminated. "Candidates who remain" are all those who have not been
eliminated at the stage referred to.
NEW SECTION. Sec. 3
NEW SECTION. Sec. 4
(2) Specific Rules and Procedures. The following specific rules
and procedures, subject to the conditions of section 5 of this act,
govern how votes must be counted for each office subject to instant
runoff voting:
(a) All first choices are counted first and if a candidate has
obtained a majority of those votes that candidate is elected and
counting ends.
(b) If no candidate receives a majority of votes at the first stage
then second stage counting begins by eliminating the last place
candidate and the second choices made on ballots for the eliminated
candidate become votes for the second choice candidate indicated on
those ballots. A candidate who receives a majority of votes at that
stage is elected.
(c) If no candidate receives a majority at a previous stage then
the last place candidate among the remaining candidates is eliminated
and the next choices made on ballots for an eliminated candidate become
votes for the candidate indicated on those ballots. A candidate who
receives a majority of votes at that stage is elected.
(d) If at any stage in the counting there are two or more last
place candidates, these candidates are eliminated simultaneously and
the next choices made on ballots that had votes for all such eliminated
candidates become votes for any candidates so indicated who remain.
(e) The counting process continues in this manner with successive
last place candidates being eliminated and the next choices made on
continuing ballots on which votes were cast for eliminated candidates
are counted for the remaining candidate or candidates indicated by
those choices until all but one candidate has been eliminated and that
candidate is then elected.
NEW SECTION. Sec. 5
(b) A ballot assigning the same ranking to more than one candidate
for an office is exhausted when the duplicate ranking is reached, and
in that case no vote is recorded for any of the duplicate candidates so
chosen.
(c) If in a partisan primary election a voter makes a choice for a
candidate for a particular office who is not a candidate of the party
for which the voter has made a higher ranked choice, then that ballot
is exhausted with respect to all subsequent choices for that office.
(2) Skipped Ranking. If a ballot choice skips a ranking, then the
next ranking below the skipped choice is moved up and counted as though
it were the rank of the skipped choice.
(3) Tie Votes. Ties between candidates occurring at any stage are
resolved according to the general election laws of this state.
(4) Maximum Effective Choices. Only five choices for any one
office are counted.
(5) Write-in Votes. Voters may write in one candidate for each
office and assign a ranking to the write-in candidate along with
candidates whose names are already on the ballot. Write-in candidates
with fewer than ten votes are automatically eliminated in elections in
jurisdictions where more than one thousand total ballots were cast in
the previous election.
(6) Insufficient Choice Votes Made. If ballots do not contain
sufficient effective second and lower choices for a particular office
so that at the end of the counting no candidate achieves a majority
then the candidate with the most votes credited to him or her is
elected.
(7) Votes for Eliminated Candidates. No votes may be counted for
a candidate who has been eliminated no matter how many second and lower
ranked choices might otherwise have become votes for the candidate in
a later stage.
NEW SECTION. Sec. 6
Primaries for all nonpartisan offices in first class cities
choosing to use instant runoff voting are abolished, and there will be
only a general election under instant runoff voting rules for these
offices.
NEW SECTION. Sec. 7
"You may vote for candidates in order of preference. Indicate your first choice by marking the number "1" beside a candidate's name (or by marking in the column labeled "First Choice"), your second choice by marking the number "2" (or by marking in the column labeled "Second Choice"), your third choice by the number "3" (or marking the "Third Choice" column), and so on, for as many or as few choices as you wish from one up to a total of five. You are under no obligation to rank more than one candidate for each office, but ranking additional candidates will not affect your first choice candidate. Do not mark the same number beside more than one candidate (or put more than one mark in each column for the office you are voting on). Do not skip numbers."
NEW SECTION. Sec. 8
Sec. 9 RCW 29.65.050 and 1965 c 9 s 29.65.050 are each amended to
read as follows:
The clerk shall issue subpoenas for witnesses in such contested
election at the request of either party, which shall be served by the
sheriff or constable, as other subpoenas, and the superior court shall
have full power to issue attachments to compel the attendance of
witnesses who shall have been duly subpoenaed to attend if they fail to
do so.
The court shall meet at the time and place designated to determine
such contested election by the rules of law and evidence governing the
determination of questions of law and fact, so far as the same may be
applicable, and may dismiss the proceedings if the statement of the
cause or causes of contest is insufficient, or for want of prosecution.
After hearing the proofs and allegations of the parties, the court
shall pronounce judgment in the premises, either confirming or
annulling and setting aside such election, according to the law and
right of the case.
If in any such case it shall appear that another person than the
one returned has the highest number of legal votes, said court shall
declare such person duly elected, consistent with the requirements for
instant runoff voting contained in chapter 29.-- RCW (sections 1
through 8 of this act).
NEW SECTION. Sec. 10 RCW 29.30.085 (Nonpartisan candidates
qualified for general election) and 1992 c 181 s 2 & 1990 c 59 s 95 are
each repealed.
NEW SECTION. Sec. 11 Sections 1 through 8 of this act constitute
a new chapter in Title
NEW SECTION. Sec. 12 Section captions used in this act are not
part of the law.
NEW SECTION. Sec. 13 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.