BILL REQ. #:  S-3343.4 

Read first time 12/05/2003.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to the presidential primary; amending RCW 29.19.020 and 29A.56.020; amending 2003 1st sp.s. c 25 s 118 (uncodified); making an appropriation; providing an effective date; providing an expiration date; and declaring an emergency.

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

Sec. 1   RCW 29.19.020 and 1995 1st sp.s. c 20 s 1 are each amended to read as follows:
     (1) On the fourth Tuesday in May of each year in which a president of the United States is to be nominated and elected, a presidential primary shall be held at which voters may vote for the nominee of a major political party for the office of president, except that no presidential primary shall be held in 2004. The secretary of state may propose an alternative date for the primary no later than the first day of August of the year before the year in which a president is to be nominated and elected.
     (2) No later than the first day of September of the year before the year in which a presidential nominee is selected, the state committee of any major political party that will use the primary results for candidates of that party may propose an alternative date for that primary.
     (3) If an alternative date is proposed under subsection (1) or (2) of this section, a committee consisting of the chair and the vice-chair of the state committee of each major political party, the secretary of state, the majority leader and minority leader of the senate, and the speaker and the minority leader of the house of representatives shall meet and, if affirmed by a two-thirds vote of the members of the committee, the date of the primary shall be changed. The committee shall meet and decide on the proposed alternate date not later than the first day of October of the year before the year in which a presidential nominee is selected. The secretary of state shall convene and preside over the meeting of the committee. A committee member other than a legislator may appoint, in writing, a designee to serve on his or her behalf. A legislator who is a member of the committee may appoint, in writing, another legislator to serve on his or her behalf.
     (4) If an alternate date is approved under this section, the secretary of state shall adopt rules under RCW 29.19.070 to adjust the deadlines in RCW 29.19.030 and related provisions of this chapter to correspond with the date that has been approved.

Sec. 2   RCW 29A.56.020 and 2003 c 111 s 1402 are each amended to read as follows:
     (1) On the fourth Tuesday in May of each year in which a president of the United States is to be nominated and elected, a presidential primary shall be held at which voters may vote for the nominee of a major political party for the office of president, except that no presidential primary shall be held in 2004. The secretary of state may propose an alternative date for the primary no later than the first day of August of the year before the year in which a president is to be nominated and elected.
     (2) No later than the first day of September of the year before the year in which a presidential nominee is selected, the state committee of any major political party that will use the primary results for candidates of that party may propose an alternative date for that primary.
     (3) If an alternative date is proposed under subsection (1) or (2) of this section, a committee consisting of the chair and the vice-chair of the state committee of each major political party, the secretary of state, the majority leader and minority leader of the senate, and the speaker and the minority leader of the house of representatives shall meet and, if affirmed by a two-thirds vote of the members of the committee, the date of the primary shall be changed. The committee shall meet and decide on the proposed alternate date not later than the first day of October of the year before the year in which a presidential nominee is selected. The secretary of state shall convene and preside over the meeting of the committee. A committee member other than a legislator may appoint, in writing, a designee to serve on his or her behalf. A legislator who is a member of the committee may appoint, in writing, another legislator to serve on his or her behalf.
     (4) If an alternate date is approved under this section, the secretary of state shall adopt rules under RCW 29A.04.620 to adjust the deadlines in RCW 29A.56.030 and related provisions of this chapter to correspond with the date that has been approved.

Sec. 3   2003 1st sp.s. c 25 s 118 (uncodified) is amended to read as follows:
     FOR THE SECRETARY OF STATE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $((24,336,000))
       18,298,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $17,092,000
General Fund--Federal Appropriation . . . . . . . . . . . . $6,967,000
Archives and Records Management Account -- State
     Appropriation . . . . . . . . . . . . $8,150,000
Department of Personnel Service Account -- State
     Appropriation . . . . . . . . . . . . $699,000
Election Account--Federal Appropriation . . . . . . . . . . . . $13,121,000
Local Government Archives Account--State Appropriation . . . . . . . . . . . . $7,067,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $((77,432,000))
       71,394,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $2,296,000 of the general fund -- state appropriation for fiscal year 2004 is provided solely to reimburse counties for the state's share of primary and general election costs and the costs of conducting mandatory recounts on state measures. Counties shall be reimbursed only for those odd-year election costs that the secretary of state validates as eligible for reimbursement.
     (2) $1,826,000 of the general fund -- state appropriation for fiscal year 2004 and $2,686,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the verification of initiative and referendum petitions, maintenance of related voter registration records, and the publication and distribution of the voters and candidates pamphlet.
     (3) $125,000 of the general fund -- state appropriation for fiscal year 2004 and $118,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for legal advertising of state measures under RCW 29.27.072.
     (4)(a) $1,944,004 of the general fund -- state appropriation for fiscal year 2004 and $1,986,772 of the general fund -- state appropriation for fiscal year 2005 are provided solely for contracting with a nonprofit organization to produce gavel-to-gavel television coverage of state government deliberations and other events of statewide significance during the 2003-05 biennium. The funding level for each year of the contract shall be based on the amount provided in this subsection. The nonprofit organization shall be required to raise contributions or commitments to make contributions, in cash or in kind, in an amount equal to forty percent of the state contribution. The office of the secretary of state may make full or partial payment once all criteria in (a) and (b) of this subsection have been satisfactorily documented.
     (b) The legislature finds that the commitment of on-going funding is necessary to ensure continuous, autonomous, and independent coverage of public affairs. For that purpose, the secretary of state shall enter into a four-year contract with the nonprofit organization to provide public affairs coverage through June 30, 2006.
     (c) The nonprofit organization shall prepare an annual independent audit, an annual financial statement, and an annual report, including benchmarks that measure the success of the nonprofit organization in meeting the intent of the program.
     (d) No portion of any amounts disbursed pursuant to this subsection may be used, directly or indirectly, for any of the following purposes:
     (i) Attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, by any county, city, town, or other political subdivision of the state of Washington, or by the congress, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency;
     (ii) Making contributions reportable under chapter 42.17 RCW; or
     (iii) Providing any: (A) Gift; (B) honoraria; or (C) travel, lodging, meals, or entertainment to a public officer or employee.
     (((5) $6,038,000 of the general fund--state appropriation for fiscal year 2004 is provided solely to reimburse the counties for the state's share of the cost of conducting the presidential primary.))

NEW SECTION.  Sec. 4   Sections 1 and 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

NEW SECTION.  Sec. 5   Section 2 of this act takes effect July 1, 2004.

NEW SECTION.  Sec. 6   Section 1 of this act expires July 1, 2004.