BILL REQ. #: S-4416.1
State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 02/05/2004. Referred to Committee on Government Operations & Elections.
AN ACT Relating to an open primary with voluntary partisan registration; 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, other than 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. The
secretary of state shall adopt rules allowing for the voluntary
affiliation by voters with political parties and organizations. The
voters' choices shall include the major political parties.
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;)) Produces precinct and cumulative totals in printed form; and
(5)
(((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 or ballots 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
physically separate ballot.
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 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:
Clear and concise instructions to the voter must be prominently
displayed on each physically separate ballot, and must include:
(1) A statement explaining that only one ballot may be voted;
(2) A statement explaining that if more than one ballot is voted,
none of the ballots will be tabulated or reported; and
(3) 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.
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 physically separate ballot 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) Rejects mandatory voter registration by political party;
(3) Protects ballot access for all candidates, including minor
political party and independent candidates;
(4) Maintains a candidate's right to self-identify with any major
political party; and
(5) 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 physically separate ballot 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:
Under the physically separate ballot format:
(1) Only one ballot may be voted;
(2) If more than one ballot is voted, none of the ballots will be
tabulated or reported; and
(3) 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 in a single
election.
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 physically separate ballot 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.