| Passed by the Senate March 10, 2004 YEAS 36 BRAD OWEN ________________________________________ President of the Senate Passed by the House March 8, 2004 YEAS 51 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SENATE BILL 6453 as passed by the Senate and the House of Representatives on the dates hereon set forth. MILTON H. DOUMIT JR. ________________________________________ Secretary | |
| Approved April 1, 2004, with the
exception of sections 1 through 57; 101;
and 201, which are vetoed. GARY F. LOCKE ________________________________________ Governor of the State of Washington | April 1, 2004 - 10:25 a.m. Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/21/2004. Referred to Committee on Government Operations & Elections.
AN ACT Relating to a qualifying primary; amending RCW 29A.04.085, 29A.04.127, 29A.04.310, 29A.20.020, 29A.20.120, 29A.20.140, 29A.20.150, 29A.20.160, 29A.20.170, 29A.20.180, 29A.20.190, 29A.24.030, 29A.24.080, 29A.24.090, 29A.24.100, 29A.24.110, 29A.24.140, 29A.24.150, 29A.24.160, 29A.24.170, 29A.24.180, 29A.24.190, 29A.24.310, 29A.28.040, 29A.28.060, 29A.32.030, 29A.36.010, 29A.36.070, 29A.36.100, 29A.36.170, 29A.36.200, 29A.52.010, 29A.52.110, 29A.52.230, 29A.52.320, 29A.52.350, 29A.60.020, 29A.60.220, 29A.64.010, 29A.64.020, 29A.64.040, 29A.64.060, 29A.64.080, 29A.68.010, 29A.80.010, 29A.84.260, 29A.84.310, 29A.84.710, and 42.17.020; reenacting and amending RCW 29A.32.120; adding new sections to chapter 29A.52 RCW; adding new sections to chapter 29A.04 RCW; adding new sections to chapter 29A.28 RCW; adding new sections to chapter 29A.08 RCW; adding a new section to chapter 29A.12 RCW; adding new sections to chapter 29A.20 RCW; adding new sections to chapter 29A.24 RCW; adding new sections to chapter 29A.32 RCW; adding new sections to chapter 29A.36 RCW; adding new sections to chapter 29A.40 RCW; adding new sections to chapter 29A.44 RCW; adding new sections to chapter 29A.60 RCW; adding new sections to chapter 29A.80 RCW; adding new sections to chapter 29A.64 RCW; adding a new section to chapter 29A.68 RCW; adding new sections to chapter 29A.84 RCW; creating new sections; repealing RCW 29A.04.157, 29A.20.110, 29A.20.130, 29A.20.200, 29A.24.200, 29A.24.210, 29A.28.010, 29A.28.020, 29A.36.190, 29A.52.130, 29A.04.903, 29A.04.007, 29A.04.085, 29A.04.127, 29A.04.215, 29A.04.310, 29A.04.320, 29A.04.610, 29A.12.100, 29A.20.020, 29A.20.120, 29A.20.140, 29A.20.150, 29A.20.160, 29A.20.170, 29A.20.180, 29A.20.190, 29A.24.030, 29A.24.080, 29A.24.090, 29A.24.100, 29A.24.110, 29A.24.130, 29A.24.140, 29A.24.150, 29A.24.160, 29A.24.170, 29A.24.180, 29A.24.190, 29A.24.310, 29A.28.040, 29A.28.060, 29A.28.070, 29A.32.030, 29A.32.120, 29A.32.240, 29A.36.010, 29A.36.070, 29A.36.100, 29A.36.110, 29A.36.120, 29A.36.130, 29A.36.140, 29A.36.150, 29A.36.160, 29A.36.170, 29A.36.200, 29A.40.060, 29A.40.090, 29A.44.200, 29A.44.220, 29A.44.230, 29A.52.010, 29A.52.110, 29A.52.120, 29A.52.230, 29A.52.310, 29A.52.320, 29A.52.350, 29A.60.020, 29A.60.220, 29A.64.010, 29A.64.020, 29A.64.040, 29A.64.060, 29A.64.080, 29A.68.010, 29A.80.010, 29A.80.040, 29A.80.050, 29A.80.060, 29A.84.260, 29A.84.310, and 29A.84.710; prescribing penalties; providing a contingent effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
*NEW SECTION. Sec. 1 A new section is added to chapter 29A.52 RCW
to read as follows:
(1) This act may be known and cited as the Qualifying Primary Act.
(2) The purpose of any primary held in this state is to qualify
candidates to appear on the general election ballot. Primary elections
do not function as a procedure to determine the nominees of political
parties. The sole purpose of allowing candidates to identify a
political party preference is to provide to voters a brief description
of each candidate's political philosophy, which the voters may consider
when casting their votes at a primary or general election. In a
primary election, each voter, regardless of party affiliation, may vote
for any candidate listed on the ballot, and the two candidates who
receive the most votes, also known as the top two vote getters, and who
receive at least one percent of the total votes cast for that office,
advance to the general election. Primary election voters are not
choosing a party's nominee. A qualifying primary ensures more choice,
greater participation, increased privacy, and a sense of fairness for
the voters.
(3) The provisions of this title relating to primaries must be
liberally construed to further the following interests:
(a) The legislature finds that the process of determining which
candidates will appear on the general election ballot or be elected to
office is a public process, in which all voters must be permitted to
participate. The legislature further finds that it is not in the
public interest to expend public funds on an election procedure that
limits the rights of voters by restricting their ability to participate
based on the party affiliation, if any, of the voters or the
candidates, or that requires voters to publicly declare an affiliation
with a political party;
(b) All qualified registered voters of the state of Washington
should be permitted to participate in all meaningful stages of the
process for qualifying candidates to appear on the general election
ballot by voting for the candidates of their choice in the districts
and jurisdictions where they are eligible to vote; and
(c) No registered voter of the state of Washington should be
required to divulge to any public or private entity his or her party
affiliation, if any, as a prerequisite to voting.
*Sec. 1 was vetoed. See message at end of chapter.
*NEW SECTION. Sec. 2 The rights of Washington voters are
protected by its Constitution and laws and include the following
fundamental rights:
(1) The right of qualified voters to vote at all elections;
(2) The right of absolute secrecy of the vote. No voter may be
required to disclose political faith or adherence in order to vote;
(3) The right to cast a vote for any candidate for each office
without any limitation based on party preference or affiliation, of
either the voter or the candidate.
*Sec. 2 was vetoed. See message at end of chapter.
*Sec. 3 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))
identified on the declaration of candidacy of at least one candidate
for statewide office who received at least five percent of the total
votes cast for that office at the last primary or general election in
a year that the office of governor appeared on the ballot. Once
qualified, a major political party retains such status until the next
primary or general election in a year that the office of governor
appears on the ballot.
*Sec. 3 was vetoed. See message at end of chapter.
*NEW SECTION. Sec. 4 A new section is added to chapter 29A.04 RCW
to read as follows:
"Partisan office" means an office for which a candidate may
identify a political philosophy under RCW 29A.24.030(3), and is limited
to the following offices:
(1) United States senator and representative;
(2) All state offices except (a) judicial offices and (b) the
office of superintendent of public instruction;
(3) All county offices except (a) judicial offices and (b) those
offices where a county home rule charter provides otherwise.
*Sec. 4 was vetoed. See message at end of chapter.
*Sec. 5 RCW 29A.04.127 and 2003 c 111 s 122 are each amended to
read as follows:
"Primary" ((or "primary election")) means a statutory qualifying
procedure ((for nominating candidates to public office at the polls))
in which each registered voter eligible to vote in the district or
jurisdiction is permitted to cast a vote for his or her preferred
candidate for each office appearing on the ballot, without any
limitation based on party preference or affiliation on the part of the
voter or the candidate, with the result that not more than two
candidates for each office qualify to appear on the general election
ballot.
*Sec. 5 was vetoed. See message at end of chapter.
*Sec. 6 RCW 29A.04.310 and 2003 c 111 s 143 are each amended to
read as follows:
((Nominating)) Qualifying primaries for general elections to be
held in November must be held on the third Tuesday of the preceding
September or on the seventh Tuesday immediately preceding such general
election, whichever occurs first.
*Sec. 6 was vetoed. See message at end of chapter.
*Sec. 7 RCW 29A.20.020 and 2003 c 111 s 502 are each amended to
read as follows:
(1) A person filing a declaration of candidacy for an office shall,
at the time of filing, be a registered voter and possess the
qualifications specified by law for persons who may be elected to the
office.
(2) Excluding the office of precinct committee officer or a
temporary elected position such as a charter review board member or
freeholder, no person may file for more than one office.
(3) The name of a candidate for an office shall not appear on a
ballot for that office unless, except as provided in RCW 3.46.067 and
3.50.057, the candidate is, at the time the candidate's declaration of
candidacy is filed, properly registered to vote in the geographic area
represented by the office. For the purposes of this section, each
geographic area in which registered voters may cast ballots for an
office is represented by that office. If a person elected to an office
must be ((nominated)) qualified from a district or similar division of
the geographic area represented by the office, the name of a candidate
for the office shall not appear on a primary ballot for that office
unless the candidate is, at the time the candidate's declaration of
candidacy is filed, properly registered to vote in that district or
division. The officer with whom declarations of candidacy must be
filed under this title shall review each such declaration filed
regarding compliance with this subsection.
(4) ((This section does not apply to the office of a member of the
United States Congress.)) The requirements of voter registration and
residence within the geographic area of a district do not apply to
candidates for congressional office. Qualifications for United States
Congress are specified in the United States Constitution.
*Sec. 7 was vetoed. See message at end of chapter.
*Sec. 8 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.)) Nominations of candidates for president and vice president of
the United States other than by a major political party ((
(2)may)) must be
made ((either at a convention conducted under subsection (1) of this
section, or)) at a ((similar)) convention ((taking place)) to be held
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 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. 8 was vetoed. See message at end of chapter.
*Sec. 9 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 registered voters.)) In order to nominate candidates for the offices of president
and vice president of the United States, ((
(2)United States senator, or
any statewide office,)) a nominating convention shall obtain and submit
to the filing officer the signatures of at least two hundred 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 persons who are
registered to vote in the jurisdiction of the office for which the
nominations are made.))
*Sec. 9 was vetoed. See message at end of chapter.
*Sec. 10 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 election.)) The nominating petition must be submitted to
the secretary of state not later than ten days after adjournment of the
convention.
*Sec. 10 was vetoed. See message at end of chapter.
*Sec. 11 RCW 29A.20.160 and 2003 c 111 s 510 are each amended to
read as follows:
A certificate evidencing nominations of candidates for the offices
of president and vice president made at a convention must:
(1) Be in writing;
(2) Contain the name of each person nominated((, his or her
residence, and the office for which he or she is named, and if the
nomination is)) for the offices of president and vice president of the
United States, their addresses, and a sworn statement from both
nominees giving their consent to the nomination;
(3) Identify the minor political party or the independent candidate
on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and secretary;
(5) Be accompanied by a nominating petition or petitions bearing
the signatures and addresses of registered voters equal in number to
that required by RCW 29A.20.140;
(6) Contain proof of publication of the notice of calling the
convention; and
(7) Be submitted to the ((appropriate filing officer)) secretary of
state not later than one week following the adjournment of the
convention at which the nominations were made. ((If the nominations
are made only for offices whose jurisdiction is entirely within one
county, the certificate and nominating petitions must be filed with the
county auditor. If a minor party or independent candidate convention
nominates any candidates for offices whose jurisdiction encompasses
more than one county, all nominating petitions and the convention
certificates must be filed with the secretary of state.))
*Sec. 11 was vetoed. See message at end of chapter.
*Sec. 12 RCW 29A.20.170 and 2003 c 111 s 511 are each amended to
read as follows:
(1) If two or more valid certificates of nomination are filed
purporting to nominate different candidates for ((the same position))
president and vice president using the same party name, the filing
officer must give effect to both certificates. If conflicting claims
to the party name are not resolved either by mutual agreement or by a
judicial determination of the right to the name, the candidates must be
treated as independent candidates. Disputes over the right to the name
must not be permitted to delay the printing of either ballots or a
voters' pamphlet. ((Other candidates nominated by the same conventions
may continue to use the partisan affiliation unless a court of
competent jurisdiction directs otherwise.))
(2) A person affected may petition the superior court of the county
in which the filing officer is located for a judicial determination of
the right to the name of a minor political party, either before or
after documents are filed with the filing officer. The court shall
resolve the conflict between competing claims to the use of the same
party name according to the following principles: (a) The prior
established public use of the name during previous elections by a party
composed of or led by the same individuals or individuals in documented
succession; (b) prior established public use of the name earlier in the
same election cycle; (c) ((the nomination of a more complete slate of
candidates for a number of offices or in a number of different regions
of the state; (d))) documented affiliation with a national or statewide
party organization with an established use of the name; (((e))) (d) the
first date of filing of a certificate of nomination; and (((f))) (e)
such other indicia of an established right to use of the name as the
court may deem relevant. ((If more than one filing officer is
involved, and one of them is the secretary of state, the petition must
be filed in the superior court for Thurston county.)) Upon resolving
the conflict between competing claims, the court may also address any
ballot designation for the candidate who does not prevail.
*Sec. 12 was vetoed. See message at end of chapter.
*Sec. 13 RCW 29A.20.180 and 2003 c 111 s 512 are each amended to
read as follows:
A minor political party or independent candidate convention
nominating candidates for the offices of president and vice president
of the United States shall, not later than ten days after the
adjournment of the convention, submit a list of presidential electors
to the office of the secretary of state. The list shall contain the
names and the mailing addresses of the persons selected and shall be
verified by the ((presiding officer of the convention)) candidates
named on the nominating petition.
*Sec. 13 was vetoed. See message at end of chapter.
*Sec. 14 RCW 29A.20.190 and 2003 c 111 s 513 are each amended to
read as follows:
Upon the receipt of the ((certificate of nomination)) nominating
petition, the ((officer with whom it is filed shall check the
certificate and)) secretary of state shall canvass the signatures ((on
the accompanying nominating petitions to determine if the requirements
of RCW 29A.20.140 have been met)). Once the determination of the
sufficiency of the petitions has been made, the filing officer shall
notify the ((presiding officer of the convention)) candidates and any
other persons requesting the notification((, of his or her decision
regarding the sufficiency of the certificate or the nominating
petitions)). Any appeal regarding the filing officer's determination
must be filed with the superior court of the county in which the
certificate or petitions were filed not later than five days from the
date the determination is made, and shall be heard and finally disposed
of by the court within five days of the filing. Nominating petitions
shall not be available for public inspection or copying.
*Sec. 14 was vetoed. See message at end of chapter.
*Sec. 15 RCW 29A.24.030 and 2003 c 111 s 603 are each amended to
read as follows:
A candidate who desires to have his or her name printed on the
ballot for election to an office other than president of the United
States, vice president of the United States, or an office for which
ownership of property is a prerequisite to voting shall complete and
file a declaration of candidacy. The secretary of state shall adopt,
by rule, a declaration of candidacy form for the office of precinct
committee officer and a separate standard form for candidates for all
other offices filing under this chapter. Included on the standard form
shall be:
(1) A place for the candidate to declare that he or she is a
registered voter within the jurisdiction of the office for which he or
she is filing, and the address at which he or she is registered;
(2) A place for the candidate to indicate the position for which he
or she is filing;
(3) For those offices defined in section 4 of this act only, a
place for the candidate to ((indicate a party designation, if
applicable)) identify a major or minor political party, if any, the
candidate regards as best approximating his or her own political
philosophy. No candidate may list more than one political party.
Nothing in this indication of political philosophy may be construed as
denoting an endorsement or nomination by that party. The sole purpose
of allowing candidates to identify a political party preference is to
provide to voters a brief description of each candidate's political
philosophy, which the voters may consider when casting their votes at
a primary or general election;
(4) A place for the candidate to indicate the amount of the filing
fee accompanying the declaration of candidacy or for the candidate to
indicate that he or she is filing a ((nominating)) petition in lieu of
the filing fee under RCW 29A.24.090;
(5) A place for the candidate to sign the declaration of candidacy,
stating that the information provided on the form is true and swearing
or affirming that he or she will support the Constitution and laws of
the United States and the Constitution and laws of the state of
Washington.
In the case of a declaration of candidacy filed electronically,
submission of the form constitutes agreement that the information
provided with the filing is true, that he or she will support the
Constitutions and laws of the United States and the state of
Washington, and that he or she agrees to electronic payment of the
filing fee established in RCW 29A.24.090.
The secretary of state may require any other information on the
form he or she deems appropriate to facilitate the filing process.
*Sec. 15 was vetoed. See message at end of chapter.
*Sec. 16 RCW 29A.24.080 and 2003 c 111 s 608 are each amended to
read as follows:
Any candidate may mail his or her declaration of candidacy for an
office to the filing officer. Such declarations of candidacy shall be
processed by the filing officer in the following manner:
(1) Any declaration received by the filing officer by mail before
the tenth business day immediately preceding the first day for
candidates to file for office shall be returned to the candidate
submitting it, together with a notification that the declaration of
candidacy was received too early to be processed. The candidate shall
then be permitted to resubmit his or her declaration of candidacy
during the filing period.
(2) Any properly executed declaration of candidacy received by mail
on or after the tenth business day immediately preceding the first day
for candidates to file for office and before the close of business on
the last day of the filing period shall be included with filings made
in person during the filing period. In primaries for partisan office
and judicial ((elections)) offices the filing officer shall determine
by lot the order in which the names of those candidates shall appear
upon sample and absentee primary ballots.
(3) Any declaration of candidacy received by the filing officer
after the close of business on the last day for candidates to file for
office shall be rejected and returned to the candidate attempting to
file it.
*Sec. 16 was vetoed. See message at end of chapter.
*Sec. 17 RCW 29A.24.090 and 2003 c 111 s 609 are each amended to
read as follows:
A filing fee of one dollar shall accompany each declaration of
candidacy for precinct committee officer; a filing fee of ten dollars
shall accompany the declaration of candidacy for any office with a
fixed annual salary of one thousand dollars or less; a filing fee equal
to one percent of the annual salary of the office at the time of filing
shall accompany the declaration of candidacy for any office with a
fixed annual salary of more than one thousand dollars per annum. No
filing fee need accompany a declaration of candidacy for any office for
which compensation is on a per diem or per meeting attended basis.
A candidate who lacks sufficient assets or income at the time of
filing to pay the filing fee required by this section shall submit with
his or her declaration of candidacy a ((nominating)) filing petition.
The petition shall contain not less than a number of signatures of
registered voters equal to the number of dollars of the filing fee.
The signatures shall be of voters registered to vote within the
jurisdiction of the office for which the candidate is filing.
When the candidacy is for:
(1) A legislative or judicial office that includes territory from
more than one county, the fee shall be paid to the secretary of state
for equal division between the treasuries of the counties comprising
the district.
(2) A city or town office, the fee shall be paid to the county
auditor who shall transmit it to the city or town clerk for deposit in
the city or town treasury.
*Sec. 17 was vetoed. See message at end of chapter.
*Sec. 18 RCW 29A.24.100 and 2003 c 111 s 610 are each amended to
read as follows:
The ((nominating)) filing petition authorized by RCW 29A.24.090
shall be printed on sheets of uniform color and size, shall contain no
more than twenty numbered lines, and must be in substantially the
following form:
The warning prescribed by RCW 29A.72.140; followed by:
We, the undersigned registered voters of . . .(the state of
Washington or the political subdivision for which the ((nomination))
filing is made). . ., hereby petition that the name of
. . .(candidate's name). . . be printed on the official primary ballot
for the office of . . .(insert name of office). . ..
If the candidate listed a political party on the declaration of
candidacy, then the name of that party must appear on the filing
petition.
The petition 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.
*Sec. 18 was vetoed. See message at end of chapter.
*Sec. 19 RCW 29A.24.110 and 2003 c 111 s 611 are each amended to
read as follows:
((Nominating)) Petitions may be rejected for the following reasons:
(1) The petition is not in the proper form;
(2) The petition clearly bears insufficient signatures;
(3) The petition is not accompanied by a declaration of candidacy;
(4) The time within which the petition and the declaration of
candidacy could have been filed has expired.
If the petition is accepted, the officer with whom it is filed
shall canvass the signatures contained on it and shall reject the
signatures of those persons who are not registered voters and the
signatures of those persons who are not registered to vote within the
jurisdiction of the office for which the ((nominating)) petition is
filed. He or she shall additionally reject any signature that appears
on the ((nominating)) petitions of two or more candidates for the same
office and shall also reject, each time it appears, the name of any
person who signs the same petition more than once.
If the officer with whom the petition is filed refuses to accept
the petition or refuses to certify the petition as bearing sufficient
valid signatures, the person filing the petition may appeal that action
to the superior court. The application for judicial review shall take
precedence over other cases and matters and shall be speedily heard and
determined.
*Sec. 19 was vetoed. See message at end of chapter.
*Sec. 20 RCW 29A.24.140 and 2003 c 111 s 614 are each amended to
read as follows:
A void in candidacy for ((a nonpartisan)) an office occurs when an
election for such office, except for the short term, has been scheduled
and no valid declaration of candidacy has been filed for the position
or all persons filing such valid declarations of candidacy have died or
been disqualified.
*Sec. 20 was vetoed. See message at end of chapter.
*Sec. 21 RCW 29A.24.150 and 2003 c 111 s 615 are each amended to
read as follows:
The election officer with whom declarations of candidacy are filed
shall give notice of a void in candidacy for ((a nonpartisan)) an
office((,)) by notifying press, radio, and television in the county or
counties involved and by such other means as may now or hereafter be
provided by law. The notice shall state the office, and the time and
place for filing declarations of candidacy.
*Sec. 21 was vetoed. See message at end of chapter.
*Sec. 22 RCW 29A.24.160 and 2003 c 111 s 616 are each amended to
read as follows:
Filings to fill a void in candidacy for ((nonpartisan)) an office
must be made in the same manner and with the same official as required
during the regular filing period for such office((, except that
nominating signature petitions that may be required of candidates
filing for certain district offices during the normal filing period may
not be required of candidates filing during the special three-day
filing period)).
*Sec. 22 was vetoed. See message at end of chapter.
*Sec. 23 RCW 29A.24.170 and 2003 c 111 s 617 are each amended to
read as follows:
Filings for ((a nonpartisan)) an office shall be reopened for a
period of three normal business days, such three day period to be fixed
by the election officer with whom such declarations of candidacy are
filed and notice thereof given by notifying press, radio, and
television in the county or counties and by such other means as may now
or hereafter be provided by law whenever before the sixth Tuesday prior
to a primary:
(1) A void in candidacy occurs;
(2) A vacancy occurs in ((any nonpartisan)) an office leaving an
unexpired term to be filled by an election for which filings have not
been held; or
(3) A ((nominee)) candidate for judge of the superior court
entitled to a certificate of election pursuant to Article 4, section
29, Amendment 41 of the state Constitution, dies or is disqualified.
Candidacies validly filed within said three-day period shall appear
on the ballot as if made during the earlier filing period.
*Sec. 23 was vetoed. See message at end of chapter.
*Sec. 24 RCW 29A.24.180 and 2003 c 111 s 618 are each amended to
read as follows:
Filings for a nonpartisan office (other than judge of the supreme
court or superintendent of public instruction) shall be reopened for a
period of three normal business days, such three day period to be fixed
by the election officer with whom such declarations of candidacy are
filed and notice thereof given by notifying press, radio, and
television in the county and by such other means as may now or
hereafter be provided by law, when:
(1) A void in candidacy for such nonpartisan office occurs on or
after the sixth Tuesday prior to a primary but prior to the sixth
Tuesday before an election; or
(2) A ((nominee)) candidate for judge of the superior court
eligible after a contested primary for a certificate of election by
Article 4, section 29, Amendment 41 of the state Constitution, dies or
is disqualified within the ten day period immediately following the
last day allotted for a candidate to withdraw; or
(3) A vacancy occurs in any nonpartisan office on or after the
sixth Tuesday prior to a primary but prior to the sixth Tuesday before
an election leaving an unexpired term to be filled by an election for
which filings have not been held.
The candidate receiving a plurality of the votes cast for that
office in the general election shall be deemed elected.
*Sec. 24 was vetoed. See message at end of chapter.
*Sec. 25 RCW 29A.24.190 and 2003 c 111 s 619 are each amended to
read as follows:
A scheduled election ((shall be lapsed)) lapses, the office is
deemed stricken from the ballot, no purported write-in votes may be
counted, and no candidate may be certified as elected, when:
(1) In an election for judge of the supreme court ((or)),
superintendent of public instruction, or a partisan office, a void in
candidacy occurs on or after the sixth Tuesday prior to a primary,
public filings and the primary being an indispensable phase of the
election process for such offices;
(2) Except as otherwise specified in RCW 29A.24.180, a ((nominee))
candidate for judge of the superior court entitled to a certificate of
election pursuant to Article 4, section 29, Amendment 41 of the state
Constitution dies or is disqualified on or after the sixth Tuesday
prior to a primary;
(3) In other elections for nonpartisan office a void in candidacy
occurs or a vacancy occurs involving an unexpired term to be filled on
or after the sixth Tuesday prior to an election.
*Sec. 25 was vetoed. See message at end of chapter.
*Sec. 26 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 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. 26 was vetoed. See message at end of chapter.
*NEW SECTION. Sec. 27 A new section is added to chapter 29A.28
RCW to read as follows:
If the death or disqualification of a candidate for a partisan or
nonpartisan office does not give rise to the opening of a new filing
period under RCW 29A.24.170, then the following will occur:
(1) If the candidate dies or becomes disqualified after filing a
declaration of candidacy but before the close of the filing period,
then the declaration of candidacy is void and his or her name will not
appear on the ballot;
(2) If the candidate dies or becomes disqualified after the close
of the filing period but before the day of the primary, then his or her
name will appear on the primary ballot and all otherwise valid votes
for that candidate will be tabulated. The candidate's name will not
appear on the general election ballot even if he or she otherwise would
have qualified to do so, but no other candidate will advance, or be
substituted, in the place of that candidate. If the candidate was the
only candidate to qualify to advance to the general election, then the
general election for that office lapses, and the office will be
regarded as vacant as of the time the newly elected official would have
otherwise taken office;
(3) If the candidate dies or becomes disqualified on or after the
day of the primary, and he or she would have otherwise qualified to
appear on the general election ballot, then his or her name will appear
on the general election ballot and all otherwise valid votes for that
candidate will be tabulated. If the candidate received a number of
votes sufficient to be elected to office, but for his or her death or
disqualification, then the office will be regarded as vacant as of the
time the newly elected official would have otherwise taken office.
*Sec. 27 was vetoed. See message at end of chapter.
*Sec. 28 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)) qualifying 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 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. 28 was vetoed. See message at end of chapter.
*Sec. 29 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)) for partisan offices 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. 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. 29 was vetoed. See message at end of chapter.
*Sec. 30 RCW 29A.32.030 and 2003 c 111 s 803 are each amended to
read as follows:
The voters' pamphlet must contain:
(1) Information about each ballot measure initiated by or referred
to the voters for their approval or rejection as required by RCW
29A.32.070;
(2) In even-numbered years, statements, if submitted, advocating
the candidacies of ((nominees)) candidates qualified to appear on the
ballot for the office of president and vice president of the United
States, United States senator, United States representative, governor,
lieutenant governor, secretary of state, state treasurer, state
auditor, attorney general, commissioner of public lands, superintendent
of public instruction, insurance commissioner, state senator, state
representative, justice of the supreme court, judge of the court of
appeals, or judge of the superior court. Candidates may also submit a
campaign mailing address and telephone number and a photograph not more
than five years old and of a size and quality that the secretary of
state determines to be suitable for reproduction in the voters'
pamphlet;
(3) In odd-numbered years, if any office voted upon statewide
appears on the ballot due to a vacancy, then statements and photographs
for candidates for any vacant office listed in subsection (2) of this
section must appear;
(4) In even-numbered years, a section explaining how voters may
participate in the election campaign process; the address and telephone
number of the public disclosure commission established under RCW
42.17.350; and a summary of the disclosure requirements that apply when
contributions are made to candidates and political committees;
(5) In even-numbered years the name, address, and telephone number
of each political party ((with nominees listed in the pamphlet, if
filed with the secretary of state by the state committee of a major
political party or the presiding officer of the convention of a minor
political party)) for which a candidate appearing on the ballot has
expressed a preference on his or her declaration of candidacy, if the
party has provided that information to the secretary of state;
(6) In each odd-numbered year immediately before a year in which a
president of the United States is to be nominated and elected,
information explaining the precinct caucus and convention process used
by each major political party to elect delegates to its national
presidential candidate nominating convention. The pamphlet must also
provide a description of the statutory procedures by which minor
political parties are formed and the statutory methods used by the
parties to nominate candidates for president;
(7) In even-numbered years, a description of the office of precinct
committee officer and its duties;
(8) An application form for an absentee ballot;
(9) A brief statement explaining the deletion and addition of
language for proposed measures under RCW 29A.32.080;
(10) Any additional information pertaining to elections as may be
required by law or in the judgment of the secretary of state is deemed
informative to the voters.
*Sec. 30 was vetoed. See message at end of chapter.
*Sec. 31 RCW 29A.32.120 and 2003 c 254 s 6 and 2003 c 111 s 812
are each reenacted and amended to read as follows:
(1) The maximum number of words for statements submitted by
candidates is as follows: State representative, one hundred words;
state senator, judge of the superior court, judge of the court of
appeals, justice of the supreme court, and all state offices voted upon
throughout the state, except that of governor, two hundred words;
president and vice president, United States senator, United States
representative, and governor, three hundred words.
(2) Arguments written by committees under RCW 29A.32.060 may not
exceed two hundred fifty words in length.
(3) Rebuttal arguments written by committees may not exceed
seventy-five words in length.
(4) The secretary of state shall allocate space in the pamphlet
based on the number of candidates ((or nominees)) for each office.
*Sec. 31 was vetoed. See message at end of chapter.
*Sec. 32 RCW 29A.36.010 and 2003 c 111 s 901 are each amended to
read as follows:
On or before the day following the last day allowed for ((political
parties to fill vacancies in the ticket as provided by RCW 29A.28.010))
candidates to withdraw under RCW 29A.24.130, the secretary of state
shall certify to each county auditor a list of the candidates who have
filed declarations of candidacy in his or her office for the primary.
For each office, the certificate shall include the name of each
candidate, his or her address, and his or her party ((designation))
preference, if any.
*Sec. 32 was vetoed. See message at end of chapter.
*Sec. 33 RCW 29A.36.070 and 2003 c 111 s 907 are each amended to
read as follows:
(1) Except as provided to the contrary in RCW 82.14.036, 82.46.021,
or 82.80.090, the ballot title of any referendum filed on an enactment
or portion of an enactment of a local government and any other question
submitted to the voters of a local government consists of three
elements: (a) An identification of the enacting legislative body and
a statement of the subject matter; (b) a concise description of the
measure; and (c) a question. The ballot title must conform with the
requirements and be displayed substantially as provided under RCW
29A.72.050, except that the concise description must not exceed
seventy-five words. If the local governmental unit is a city or a
town, the concise statement shall be prepared by the city or town
attorney. If the local governmental unit is a county, the concise
statement shall be prepared by the prosecuting attorney of the county.
If the unit is a unit of local government other than a city, town, or
county, the concise statement shall be prepared by the prosecuting
attorney of the county within which the majority area of the unit is
located.
(2) A referendum measure on the enactment of a unit of local
government shall be advertised in the manner provided for ((nominees))
candidates for elective office.
(3) Subsection (1) of this section does not apply if another
provision of law specifies the ballot title for a specific type of
ballot question or proposition.
*Sec. 33 was vetoed. See message at end of chapter.
*Sec. 34 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, the names of all candidates who, under this title, filed
a declaration of candidacy((, 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)) of the office for which they are a candidate.
*Sec. 34 was vetoed. See message at end of chapter.
*Sec. 35 RCW 29A.36.170 and 2003 c 111 s 917 are each amended to
read as follows:
(1) Except as provided in RCW 29A.36.180 and in subsection (2) of
this section, on the ballot at the general election for ((a
nonpartisan)) an office for which a primary was held, only the names of
the candidate who received the greatest number of votes and the
candidate who received the next greatest number of votes for that
office shall appear under the title of that office, and the names shall
appear in that order. If a primary was conducted, no candidate's name
may be printed on the subsequent general election ballot unless he or
she receives at least one percent of the total votes cast for that
office at the preceding primary. On the ballot at the general election
for ((any other nonpartisan)) an office for which no primary was held,
the names of the candidates shall be listed in the order determined
under RCW 29A.36.130.
(2) On the ballot at the general election for the office of justice
of the supreme court, judge of the court of appeals, judge of the
superior court, or state superintendent of public instruction, if a
candidate in a contested primary receives a majority of all the votes
cast for that office or position, only the name of that candidate may
be printed under the title of the office for that position.
*Sec. 35 was vetoed. See message at end of chapter.
*Sec. 36 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 as having qualified to appear
on the general election ballot 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)) for an office for which a primary is conducted
may 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 minor party
convention or the state or county central committee of a major
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. 36 was vetoed. See message at end of chapter.
*Sec. 37 RCW 29A.52.010 and 2003 c 111 s 1301 are each amended to
read as follows:
Whenever it shall be necessary to hold a special election in an
odd-numbered year to fill an unexpired term of any office which is
scheduled to be voted upon for a full term in an even-numbered year, no
((September)) primary election shall be held in the odd-numbered year
if, after the last day allowed for candidates to withdraw((, either of
the following circumstances exist:)) no more than two candidates have filed a declaration of
candidacy for a single ((
(1) No more than one candidate of each qualified political party
has filed a declaration of candidacy for the same partisan office to be
filled; or
(2)nonpartisan)) office to be filled.
In ((either)) this event, the officer with whom the declarations of
candidacy were filed shall immediately notify all candidates concerned
and the names of the candidates that would have been printed upon the
((September)) primary ballot, but for the provisions of this section,
shall be printed as ((nominees)) candidates for the positions sought
upon the ((November)) general election ballot.
*Sec. 37 was vetoed. See message at end of chapter.
*Sec. 38 RCW 29A.52.110 and 2003 c 111 s 1302 are each amended to
read as follows:
Candidates for ((the following offices shall be nominated at))
partisan offices will appear on the ballot at primaries held ((pursuant
to the provisions of)) under this chapter((:)).
(1) Congressional offices;
(2) All state offices except (a) judicial offices and (b) the
office of superintendent of public instruction;
(3) All county offices except (a) judicial offices and (b) those
offices where a county home rule charter provides otherwise
*Sec. 38 was vetoed. See message at end of chapter.
*NEW SECTION. Sec. 39 A new section is added to chapter 29A.52
RCW to read as follows:
(1) Whenever candidates for partisan office are to be elected, the
general election must be preceded by a primary conducted under this
chapter, except as otherwise provided in law. Based upon votes cast at
the primary, two candidates must be certified as qualified to appear on
the general election ballot, under RCW 29A.52.320 and 29A.36.170.
(2) A primary may not be used to select the nominees of a political
party. A primary is a critical stage in the public process by which
voters elect candidates to public office.
(3) If a candidate indicates a political philosophy as provided by
RCW 29A.24.030(3) on his or her declaration of candidacy, then the
philosophy will be listed for the candidate on the primary and general
election ballots. Each candidate who does not express a philosophy
will be listed as an independent candidate on the primary and general
election ballots. Political philosophy will be listed for the
information of the voters only, and may not be used for any purpose
relating to the conduct, canvassing, or certification of the primary,
and may in no way limit the options available to voters in deciding for
whom to cast a vote.
*Sec. 39 was vetoed. See message at end of chapter.
*Sec. 40 RCW 29A.52.230 and 2003 c 111 s 1307 are each amended to
read as follows:
The offices of superintendent of public instruction, justice of the
supreme court, judge of the court of appeals, judge of the superior
court, and judge of the district court shall be nonpartisan and the
candidates therefor shall be ((nominated)) qualified and elected as
such.
All city, town, and special purpose district elective offices shall
be nonpartisan and the candidates therefor shall be ((nominated))
qualified and elected as such.
*Sec. 40 was vetoed. See message at end of chapter.
*Sec. 41 RCW 29A.52.320 and 2003 c 111 s 1310 are each amended to
read as follows:
No later than the day following the certification of the returns of
any primary, the secretary of state shall certify to the appropriate
county auditors, the names of all persons ((nominated)) qualified to
appear on the general election ballot as candidates for offices, the
returns of which have been canvassed by the secretary of state.
*Sec. 41 was vetoed. See message at end of chapter.
*Sec. 42 RCW 29A.52.350 and 2003 c 111 s 1313 are each amended to
read as follows:
Except as provided in RCW 29A.32.260, notice for any state,
county, district, or municipal election, whether special or general,
must be given by at least one publication not more than ten nor less
than three days before the election by the county auditor or the
officer conducting the election as the case may be, in one or more
newspapers of general circulation within the county. The legal notice
must contain the title of each office under the proper party
((designation)) preference, the names and addresses of all ((officers))
candidates who have been ((nominated)) qualified to appear on the
ballot for an office to be voted upon at that election, together with
the ballot titles of all measures, 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 a state, county,
district, or municipal general or special election and supersedes the
provisions of any and all other statutes, whether general or special in
nature, having different requirements for the giving of notice of any
general or special elections.
*Sec. 42 was vetoed. See message at end of chapter.
*Sec. 43 RCW 29A.60.020 and 2003 c 111 s 1502 are each amended to
read as follows:
(1) For any office at any election or primary, any voter may write
in on the ballot the name of any person for an office who has filed as
a write-in candidate for the office in the manner provided by RCW
29A.24.310 and such vote shall be counted the same as if the name had
been printed on the ballot and marked by the voter. No write-in vote
made for any person who has not filed a declaration of candidacy
pursuant to RCW 29A.24.310 is valid if that person filed for the same
office, either as a regular candidate or a write-in candidate, at the
preceding primary. Any abbreviation used to designate office,
position, or political party shall be accepted if the canvassing board
can determine, to their satisfaction, the voter's intent.
(2) The number of write-in votes cast for each office must be
recorded and reported with the canvass for the election.
(3) Write-in votes cast for an individual candidate for an office
need not be tallied if the total number of write-in votes cast for the
office is not greater than the number of votes cast for the candidate
apparently ((nominated)) qualified to appear on the general election
ballot or elected, and the write-in votes could not have altered the
outcome of the primary or election. In the case of write-in votes for
statewide office or for any office whose jurisdiction encompasses more
than one county, write-in votes for an individual candidate must be
tallied whenever the county auditor is notified by either the office of
the secretary of state or another auditor in a multicounty jurisdiction
that it appears that the write-in votes could alter the outcome of the
primary or election.
(4) In the case of statewide offices or jurisdictions that
encompass more than one county, if the total number of write-in votes
cast for an office within a county is greater than the number of votes
cast for a candidate apparently ((nominated)) qualified to appear on
the general election ballot or elected in a primary or election, the
auditor shall tally all write-in votes for individual candidates for
that office and notify the office of the secretary of state and the
auditors of the other counties within the jurisdiction, that the write-in votes for individual candidates should be tallied.
*Sec. 43 was vetoed. See message at end of chapter.
*Sec. 44 RCW 29A.60.220 and 2003 c 111 s 1522 are each amended to
read as follows:
(1) If the requisite number of any federal, state, county, city, or
district offices have not ((been nominated)) qualified to appear on the
general election ballot in a primary by reason of two or more persons
having an equal and requisite number of votes for being placed on the
general election ballot, the official empowered by state law to certify
candidates for the general election ballot shall give notice to the
several persons so having the equal and requisite number of votes to
attend at the appropriate office at the time designated by that
official, who shall then and there proceed publicly to decide by lot
which of those persons will be declared ((nominated)) qualified and
placed on the general election ballot.
(2) If the requisite number of any federal, state, county, city,
district, or precinct officers have not been elected by reason of two
or more persons having an equal and highest number of votes for one and
the same office, the official empowered by state law to issue the
original certificate of election shall give notice to the several
persons so having the highest and equal number of votes to attend at
the appropriate office at the time to be appointed by that official,
who shall then and there proceed publicly to decide by lot which of
those persons will be declared duly elected, and the official shall
make out and deliver to the person thus duly declared elected a
certificate of election.
*Sec. 44 was vetoed. See message at end of chapter.
*Sec. 45 RCW 29A.64.010 and 2003 c 111 s 1601 are each amended to
read as follows:
An officer of a political party or any person for whom votes were
cast in a primary who was not declared ((nominated)) qualified to
appear on the general election ballot may file a written application
for a recount of the votes or a portion of the votes cast at that
primary for all persons for whom votes were cast for ((nomination to))
that office.
An officer of a political party or any person for whom votes were
cast at any election may file a written application for a recount of
the votes or a portion of the votes cast at that election for all
candidates for election to that office.
Any group of five or more registered voters may file a written
application for a recount of the votes or a portion of the votes cast
upon any question or issue. They shall designate one of the members of
the group as chair and shall indicate the voting residence of each
member of the group.
An application for a recount of the votes cast for an office or on
a ballot measure must be filed with the officer with whom filings are
made for the jurisdiction.
An application for a recount must specify whether the recount will
be done manually or by the vote tally system. A recount done by the
vote tally system must use programming that recounts and reports only
the office or ballot measure in question. The county shall also
provide for a test of the logic and accuracy of that program.
An application for a recount must be filed within three business
days after the county canvassing board or secretary of state has
declared the official results of the primary or election for the office
or issue for which the recount is requested.
This chapter applies to the recounting of votes cast by paper
ballots and to the recounting of votes recorded on ballots counted by
a vote tally system.
*Sec. 45 was vetoed. See message at end of chapter.
*Sec. 46 RCW 29A.64.020 and 2003 c 111 s 1602 are each amended to
read as follows:
(1) If the official canvass of all of the returns for any office at
any primary or election reveals that the difference in the number of
votes cast for a candidate apparently ((nominated)) qualified to appear
on the general election ballot or elected to any office and the number
of votes cast for the closest apparently defeated opponent is less than
two thousand votes and also less than one-half of one percent of the
total number of votes cast for both candidates, the county canvassing
board shall conduct a recount of all votes cast on that position.
(a) Whenever such a difference occurs in the number of votes cast
for candidates for a position the declaration of candidacy for which
was filed with the secretary of state, the secretary of state shall,
within three business days of the day that the returns of the primary
or election are first certified by the canvassing boards of those
counties, direct those boards to recount all votes cast on the
position.
(b) If the difference in the number of votes cast for the apparent
winner and the closest apparently defeated opponent is less than one
hundred fifty votes and also less than one-fourth of one percent of the
total number of votes cast for both candidates, the votes shall be
recounted manually or as provided in subsection (3) of this section.
(2) A mandatory recount shall be conducted in the manner provided
by RCW 29A.64.030, 29A.64.040, and 29A.64.060. No cost of a mandatory
recount may be charged to any candidate.
(3) The apparent winner and closest apparently defeated opponent
for an office for which a manual recount is required under subsection
(1)(b) of this section may select an alternative method of conducting
the recount. To select such an alternative, the two candidates shall
agree to the alternative in a signed, written statement filed with the
election official for the office. The recount shall be conducted using
the alternative method if: It is suited to the balloting system that
was used for casting the votes for the office; it involves the use of
a vote tallying system that is approved for use in this state by the
secretary of state; and the vote tallying system is readily available
in each county required to conduct the recount. If more than one
balloting system was used in casting votes for the office, an
alternative to a manual recount may be selected for each system.
*Sec. 46 was vetoed. See message at end of chapter.
*Sec. 47 RCW 29A.64.040 and 2003 c 111 s 1604 are each amended to
read as follows:
(1) At the time and place established for a recount, the canvassing
board or its duly authorized representatives, in the presence of all
witnesses who may be in attendance, shall open the sealed containers
containing the ballots to be recounted, and shall recount the votes for
the offices or issues for which the recount has been ordered. Ballots
shall be handled only by the members of the canvassing board or their
duly authorized representatives.
Witnesses shall be permitted to observe the ballots and the process
of tabulating the votes, but they shall not be permitted to handle the
ballots. The canvassing board shall not permit the tabulation of votes
for any ((nomination, election,)) office or issue other than the ones
for which a recount was applied for or required.
(2) At any time before the ballots from all of the precincts listed
in the application for the recount have been recounted, the applicant
may file with the board a written request to stop the recount.
(3) The recount may be observed by persons representing the
candidates affected by the recount or the persons representing both
sides of an issue that is being recounted. The observers may not make
a record of the names, addresses, or other information on the ballots,
poll books, or applications for absentee ballots unless authorized by
the superior court. The secretary of state or county auditor may limit
the number of observers to not less than two on each side if, in his or
her opinion, a greater number would cause undue delay or disruption of
the recount process.
*Sec. 47 was vetoed. See message at end of chapter.
*Sec. 48 RCW 29A.64.060 and 2003 c 111 s 1606 are each amended to
read as follows:
Upon completion of the canvass of a recount, the canvassing board
shall prepare and certify an amended abstract showing the votes cast in
each precinct for which the recount was conducted. Copies of the
amended abstracts must be transmitted to the same officers who received
the abstract on which the recount was based.
If the ((nomination, election,)) office or issue for which the
recount was conducted was submitted only to the voters of a county, the
canvassing board shall file the amended abstract with the original
results of that election or primary.
If the ((nomination, election,)) office or issue for which a
recount was conducted was submitted to the voters of more than one
county, the secretary of state shall canvass the amended abstracts and
shall file an amended abstract with the original results of that
election. An amended abstract certified under this section supersedes
any prior abstract of the results for the same offices or issues at the
same primary or election.
*Sec. 48 was vetoed. See message at end of chapter.
*Sec. 49 RCW 29A.64.080 and 2003 c 111 s 1608 are each amended to
read as follows:
The canvassing board shall determine the expenses for conducting a
recount of votes.
The cost of the recount shall be deducted from the amount deposited
by the applicant for the recount at the time of filing the request for
the recount, and the balance shall be returned to the applicant. If
the costs of the recount exceed the deposit, the applicant shall pay
the difference. No charges may be deducted by the canvassing board
from the deposit for a recount if the recount changes the result of the
((nomination)) primary or election for which the recount was ordered.
*Sec. 49 was vetoed. See message at end of chapter.
*Sec. 50 RCW 29A.68.010 and 2003 c 111 s 1701 are each amended to
read as follows:
Any justice of the supreme court, judge of the court of appeals, or
judge of the superior court in the proper county shall, by order,
require any person charged with error, wrongful act, or neglect to
forthwith correct the error, desist from the wrongful act, or perform
the duty and to do as the court orders or to show cause forthwith why
the error should not be corrected, the wrongful act desisted from, or
the duty or order not performed, whenever it is made to appear to such
justice or judge by affidavit of an elector that:
(1) An error or omission has occurred or is about to occur in
printing the name of any candidate on official ballots; or
(2) An error other than as provided in subsections (1) and (3) of
this section has been committed or is about to be committed in printing
the ballots; or
(3) The name of any person has been or is about to be wrongfully
placed upon the ballots; or
(4) A wrongful act other than as provided for in subsections (1)
and (3) of this section has been performed or is about to be performed
by any election officer; or
(5) Any neglect of duty on the part of an election officer other
than as provided for in subsections (1) and (3) of this section has
occurred or is about to occur; or
(6) An error or omission has occurred or is about to occur in the
issuance of a certificate of election.
An affidavit of an elector under subsections (1) and (3) above when
relating to a primary election must be filed with the appropriate court
no later than the second Friday following the closing of the filing
period ((for nominations)) for such office and shall be heard and
finally disposed of by the court not later than five days after the
filing thereof. An affidavit of an elector under subsections (1) and
(3) of this section when relating to a general election must be filed
with the appropriate court no later than three days following the
official certification of the primary election returns and shall be
heard and finally disposed of by the court not later than five days
after the filing thereof. An affidavit of an elector under subsection
(6) of this section shall be filed with the appropriate court no later
than ten days following the issuance of a certificate of election.
*Sec. 50 was vetoed. See message at end of chapter.
*Sec. 51 RCW 29A.80.010 and 2003 c 111 s 2001 are each amended to
read as follows:
(((1))) Each political party organization may((:)) adopt rules ((
(a) Make its ownand regulations; and)) governing
its own organization and the nonstatutory functions of that
organization.
(b) Perform all functions inherent in such an organization.
(2) Only major political parties may designate candidates to appear
on the state primary ballot as provided in RCW 29A.28.010
*Sec. 51 was vetoed. See message at end of chapter.
*Sec. 52 RCW 29A.84.260 and 2003 c 111 s 2114 are each amended to
read as follows:
The following apply to persons signing ((nominating)) petitions
prescribed by RCW 29A.20.150 and 29A.24.100:
(1) A person who signs a petition with any other than his or her
name shall be guilty of a misdemeanor.
(2) A person shall be guilty of a misdemeanor if the person
knowingly: Signs more than one petition for any single candidacy of
any single candidate; signs the petition when he or she is not a legal
voter; or makes a false statement as to his or her residence.
*Sec. 52 was vetoed. See message at end of chapter.
*Sec. 53 RCW 29A.84.310 and 2003 c 111 s 2117 are each amended to
read as follows:
Every person who:
(1) Knowingly provides false information on his or her declaration
of candidacy ((or)), filing petition ((of nomination)), or nominating
petition; or
(2) Conceals or fraudulently defaces or destroys a certificate that
has been filed with an elections officer under RCW ((29A.20.110 through
29A.20.200)) 29A.20.120 through 29A.20.180 or a declaration of
candidacy or petition of nomination that has been filed with an
elections officer, or any part of such a certificate, declaration, or
petition, is guilty of a class C felony punishable under RCW 9A.20.021.
*Sec. 53 was vetoed. See message at end of chapter.
*Sec. 54 RCW 29A.84.710 and 2003 c 111 s 2137 are each amended to
read as follows:
Every person who:
(1) Knowingly and falsely issues a certificate of ((nomination))
qualification or election; or
(2) Knowingly provides false information on a certificate which
must be filed with an elections officer under RCW ((29A.20.110 through
29A.20.200)) 29A.20.120 through 29A.20.180, is guilty of a class C
felony punishable under RCW 9A.20.021.
*Sec. 54 was vetoed. See message at end of chapter.
*Sec. 55 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 majority caucus in the state senate or state house of
representatives, or by the members of the minority caucus 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)) qualifying 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)) 29A.52 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.
*Sec. 55 was vetoed. See message at end of chapter.
*NEW SECTION. Sec. 56 (1) The subheadings in chapter 29A.52 RCW
"PARTISAN PRIMARIES" AND "NONPARTISAN PRIMARIES" will be combined under
one subheading "PRIMARIES."
(2) The subheading in chapter 29A.20 RCW "MINOR PARTY AND
INDEPENDENT CANDIDATE NOMINATIONS" will be changed to "MINOR AND
INDEPENDENT PRESIDENTIAL CANDIDATES."
(3) The code reviser shall recaption RCW 29A.24.100 as "Filing
petition--Form."
(4) The code reviser shall recaption RCW 29A.36.170 as "Candidates
qualified for the general election."
(5) The code reviser shall recaption RCW 29A.52.320 as
"Certification of candidates qualified to appear on the general
election ballot."
(6) The code reviser shall recaption RCW 29A.84.310 as "Candidacy
declarations, filing petitions, nominating petitions."
(7) The code reviser shall recaption RCW 29A.84.710 as "Documents
regarding qualification, election, candidacy--Frauds and falsehoods."
*Sec. 56 was vetoed. See message at end of chapter.
*NEW SECTION. Sec. 57 The following acts or parts of acts are
each repealed:
(1) RCW 29A.04.157 (September primary) and 2003 c 111 s 128;
(2) RCW 29A.20.110 (Definitions -- "Convention" and "election
jurisdiction") and 2003 c 111 s 505, 1977 ex.s. c 329 s 1, & 1965 c 9
s 29.24.010;
(3) RCW 29A.20.130 (Convention -- Notice) and 2003 c 111 s 507;
(4) RCW 29A.20.200 (Declarations of candidacy required,
exceptions -- Payment of fees) and 2003 c 111 s 514, 1990 c 59 s 103,
1989 c 215 s 8, 1977 ex.s. c 329 s 7, & 1965 c 9 s 29.24.070;
(5) RCW 29A.24.200 (Lapse of election when no filing for single
positions -- Effect) and 2003 c 111 s 620;
(6) RCW 29A.24.210 (Vacancy in partisan elective office -- Special
filing period) and 2003 c 111 s 621;
(7) RCW 29A.28.010 (Major party ticket) and 2003 c 111 s 701, 1990
c 59 s 102, 1977 ex.s. c 329 s 12, & 1965 c 9 s 29.18.150;
(8) RCW 29A.28.020 (Death or disqualification -- Correcting ballots -- Counting votes already cast) and 2003 c 111 s 702, 2001 c 46 s 4, &
1977 ex.s. c 329 s 13;
(9) RCW 29A.36.190 (Partisan candidates qualified for general
election) and 2003 c 111 s 919;
(10) RCW 29A.52.130 (Blanket primary authorized) and 2003 c 111 s
1304; and
(11) RCW 29A.04.903 (Effective date -- 2003 c 111) and 2003 c 111 s
2405.
*Sec. 57 was vetoed. See message at end of chapter.
*NEW SECTION. Sec. 101 A new section is added to chapter 29A.52
RCW to read as follows:
If a court of competent jurisdiction holds that a candidate may not
identify a major or minor political party as best approximating his or
her political philosophy, as provided in RCW 29A.24.030(3), and all
appeals of that court order have been exhausted or waived, the
secretary of state shall notify the governor, the majority and minority
leaders of the two largest caucuses in the senate and the house of
representatives, the code reviser, and all county auditors that the
state can no longer conduct a qualifying primary and instead will
conduct a nominating primary. Upon issuance of such a notification by
the secretary of state, no qualifying primary may be held in
Washington.
*Sec. 101 was vetoed. See message at end of chapter.
NEW SECTION. Sec. 102 A new section is added to chapter 29A.04
RCW to read as follows:
As used in this title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or
portion of a jurisdiction at a particular primary, general election, or
special election;
(b) A facsimile of the contents of a particular ballot whether
printed on a paper ballot or ballot card or as part of a voting machine
or voting device;
(c) A physical or electronic record of the choices of an individual
voter in a particular primary, general election, or special election;
or
(d) The physical document on which the voter's choices are to be
recorded;
(2) "Paper ballot" means a piece of paper on which the ballot for
a particular election or primary has been printed, on which a voter may
record his or her choices for any candidate or for or against any
measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of paper of any
size on which a voter may record his or her choices for any candidate
and for or against any measure and that is to be tabulated on a vote
tallying system;
(4) "Sample ballot" means a printed facsimile of all the issues and
offices on the ballot in a jurisdiction and is intended to give voters
notice of the issues, offices, and candidates that are to be voted on
at a particular primary, general election, or special election;
(5) "Provisional ballot" means a ballot issued to a voter at the
polling place on election day by the precinct election board, for one
of the following reasons:
(a) The voter's name does not appear in the poll book;
(b) There is an indication in the poll book that the voter has
requested an absentee ballot, but the voter wishes to vote at the
polling place;
(c) There is a question on the part of the voter concerning the
issues or candidates on which the voter is qualified to vote;
(6) "Party ballot" means a primary election ballot specific to a
particular major political party that lists all partisan offices to be
voted on at that primary, and the candidates for those offices who
affiliate with that same major political party;
(7) "Nonpartisan ballot" means a primary election ballot that lists
all nonpartisan races and ballot measures to be voted on at that
primary.
NEW SECTION. Sec. 103 A new section is added to chapter 29A.04
RCW 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 section,
whichever is later.
NEW SECTION. Sec. 104 A new section is added to chapter 29A.04
RCW to read as follows:
The county auditor of each county shall be ex officio the
supervisor of all primaries and elections, general or special, and it
shall be the county auditor's duty to provide places for holding such
primaries and elections; to appoint the precinct election officers and
to provide for their compensation; to provide the supplies and
materials necessary for the conduct of elections to the precinct
election officers; and to publish and post notices of calling such
primaries and elections in the manner provided by law. The notice of
a primary held in an even-numbered year must indicate that the office
of precinct committee officer will be on the ballot. The auditor shall
also apportion to each city, town, or district, and to the state of
Washington in the odd-numbered year, its share of the expense of such
primaries and elections. This section does not apply to general or
special elections for any city, town, or district that is not subject
to section 106 of this act and RCW 29A.04.330, but all such elections
must be held and conducted at the time, in the manner, and by the
officials (with such notice, requirements for filing for office, and
certifications by local officers) as provided and required by the laws
governing such elections.
NEW SECTION. Sec. 105 A new section is added to chapter 29A.04
RCW to read as follows:
Nominating primaries for general elections to be held in November,
and the election of precinct committee officers, must be held on the
third Tuesday of the preceding September or on the seventh Tuesday
immediately preceding such general election, whichever occurs first.
NEW SECTION. Sec. 106 A new section is added to chapter 29A.04
RCW to read as follows:
(1) All state, county, city, town, and district general elections
for the election of federal, state, legislative, judicial, county,
city, town, and district officers, and for the submission to the voters
of the state, county, city, town, or district of any measure for their
adoption and approval or rejection, shall be held on the first Tuesday
after the first Monday of November, in the year in which they may be
called. A statewide general election shall be held on the first
Tuesday after the first Monday of November of each year. However, the
statewide general election held in odd-numbered years shall be limited
to (a) city, town, and district general elections as provided for in
RCW 29A.04.330, or as otherwise provided by law; (b) the election of
federal officers for the remainder of any unexpired terms in the
membership of either branch of the Congress of the United States; (c)
the election of state and county officers for the remainder of any
unexpired terms of offices created by or whose duties are described in
Article II, section 15, Article III, sections 16, 17, 19, 20, 21, 22,
and 23, and Article IV, sections 3 and 5 of the state Constitution and
RCW 2.06.080; (d) the election of county officers in any county
governed by a charter containing provisions calling for general county
elections at this time; and (e) the approval or rejection of state
measures, including proposed constitutional amendments, matters
pertaining to any proposed constitutional convention, initiative
measures and referendum measures proposed by the electorate, referendum
bills, and any other matter provided by the legislature for submission
to the electorate.
(2) A county legislative authority may, if it deems an emergency to
exist, call a special county election by presenting a resolution to the
county auditor at least forty-five days prior to the proposed election
date. Except as provided in subsection (4) of this section, a special
election called by the county legislative authority shall be held on
one of the following dates as decided by such governing body:
(a) The first Tuesday after the first Monday in February;
(b) The second Tuesday in March;
(c) The fourth Tuesday in April;
(d) The third Tuesday in May;
(e) The day of the primary as specified by section 105 of this act;
or
(f) The first Tuesday after the first Monday in November.
(3) In addition to the dates set forth in subsection (2)(a) through
(f) of this section, a special election to validate an excess levy or
bond issue may be called at any time to meet the needs resulting from
fire, flood, earthquake, or other act of God. Such county special
election shall be noticed and conducted in the manner provided by law.
(4) In a presidential election year, if a presidential preference
primary is conducted in February, March, April, or May under chapter
29A.56 RCW, the date on which a special election may be called by the
county legislative authority under subsection (2) of this section
during the month of that primary is the date of the presidential
primary.
(5) This section shall supersede the provisions of any and all
other statutes, whether general or special in nature, having different
dates for such city, town, and district elections, the purpose of this
section being to establish mandatory dates for holding elections except
for those elections held pursuant to a home-rule charter adopted under
Article XI, section 4 of the state Constitution. This section shall
not be construed as fixing the time for holding primary elections, or
elections for the recall of any elective public officer.
NEW SECTION. Sec. 107 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. 108 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.
NEW SECTION. Sec. 109 A new section is added to chapter 29A.12
RCW 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) Produces precinct and cumulative totals in printed form; and
(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.
NEW SECTION. Sec. 110 A new section is added to chapter 29A.20
RCW 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 section 118 of this act; (b) as
provided by section 147 of this act; 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 section 116 of this act, 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 section 189
of this act do not apply to such a convention.
(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, United States representative, 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 section 111 of
this act. For all other offices for which nominations are made,
signatures of the requisite number of registered voters must be
obtained at a single convention.
NEW SECTION. Sec. 111 A new section is added to chapter 29A.20
RCW to read as follows:
(1) To be valid, a convention must be attended by at least 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 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 one hundred persons who are registered to vote in the jurisdiction
of the office for which the nominations are made.
NEW SECTION. Sec. 112 A new section is added to chapter 29A.20
RCW 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 section 154(3) of this act. 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 an election.
NEW SECTION. Sec. 113 A new section is added to chapter 29A.20
RCW 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 section 158 of this
act and RCW 29A.24.070. The name of a candidate nominated at a
convention shall not be printed upon the 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.
NEW SECTION. Sec. 114 A new section is added to chapter 29A.24
RCW to read as follows:
(1) The nominating petition authorized by section 160 of this act
must be printed on sheets of uniform color and size, 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.
(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:
NEW SECTION. Sec. 115 A new
section is added to chapter 29A.24
RCW to read as follows:
A candidate may withdraw his or her declaration of candidacy at any
time before the close of business on the Thursday following the last
day for candidates to file under RCW 29A.24.050 by filing, with the
officer with whom the declaration of candidacy was filed, a signed
request that his or her name not be printed on the ballot. There shall
be no withdrawal period for declarations of candidacy filed during
special filing periods held under this title. The filing officer may
permit the withdrawal of a filing for the office of precinct committee
officer at the request of the candidate at any time if no absentee
ballots have been issued for that office and the ballots for that
precinct have not been printed. The filing officer may permit the
withdrawal of a filing for any elected office of a city, town, or
special district at the request of the candidate at any time before a
primary if the primary ballots for that city, town, or special district
have not been ordered. No filing fee may be refunded to any candidate
who withdraws under this section. Notice of the deadline for
withdrawal of candidacy and that the filing fee is not refundable shall
be given to each candidate at the time he or she files.
NEW SECTION. Sec. 116 A new section is added to chapter 29A.24
RCW 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 ballot as if filed during the regular filing
period.
NEW SECTION. Sec. 117 A new section is added to chapter
29A.24
RCW 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 section 160 of this act.
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 section 192 of this act 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.
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
section 158 of this act. 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.
NEW SECTION. Sec. 118 A new
section is added to chapter 29A.28
RCW 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. Minor
political party candidates and independent candidates may be nominated
through the convention procedures provided in chapter 29A.20 RCW.
(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 major political party 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,
special vacancy election, and minor party and independent candidate
nominating conventions must 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 major political party 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. The requirements of
section 189 of this act do not apply to a minor political party or
independent candidate convention held under this subsection.
(5) If the vacancy occurs later than the second Friday following
the close of the filing period, a special primary, special vacancy
election, and the minor party and independent candidate conventions 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.
NEW SECTION. Sec. 119 A new section is added to chapter 29A.28
RCW 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 chapter 29A.28 RCW 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 section 151 of this act.
NEW SECTION. Sec. 120 A new section is added to chapter 29A.28
RCW to read as follows:
If a vacancy occurs in the office of precinct committee officer by
reason of death, resignation, or disqualification of the incumbent, or
because of failure to elect, the respective county chair of the county
central committee shall fill the vacancy by appointment. However, in
a legislative district having a majority of its precincts in a county
with a population of one million or more, the appointment may be made
only upon the recommendation of the legislative district chair. The
person so appointed must have the same qualifications as candidates
when filing for election to the office for that precinct. When a
vacancy in the office of precinct committee officer exists because of
failure to elect at a state primary, the vacancy may not be filled
until after the organization meeting of the county central committee
and the new county chair has been selected as provided by RCW
29A.80.030.
NEW SECTION. Sec. 121 A new section is added to
chapter 29A.32
RCW to read as follows:
The voters' pamphlet must contain:
(1) Information about each ballot measure initiated by or referred
to the voters for their approval or rejection as required by RCW
29A.32.070;
(2) In even-numbered years, statements, if submitted, advocating
the candidacies of nominees for the office of president and vice
president of the United States, United States senator, United States
representative, governor, lieutenant governor, secretary of state,
state treasurer, state auditor, attorney general, commissioner of
public lands, superintendent of public instruction, insurance
commissioner, state senator, state representative, justice of the
supreme court, judge of the court of appeals, or judge of the superior
court. Candidates may also submit a campaign mailing address and
telephone number and a photograph not more than five years old and of
a size and quality that the secretary of state determines to be
suitable for reproduction in the voters' pamphlet;
(3) In odd-numbered years, if any office voted upon statewide
appears on the ballot due to a vacancy, then statements and photographs
for candidates for any vacant office listed in subsection (2) of this
section must appear;
(4) In even-numbered years, a section explaining how voters may
participate in the election campaign process; the address and telephone
number of the public disclosure commission established under RCW
42.17.350; and a summary of the disclosure requirements that apply when
contributions are made to candidates and political committees;
(5) In even-numbered years the name, address, and telephone number
of each political party with nominees listed in the pamphlet, if filed
with the secretary of state by the state committee of a major political
party or the presiding officer of the convention of a minor political
party;
(6) In each odd-numbered year immediately before a year in which a
president of the United States is to be nominated and elected,
information explaining the precinct caucus and convention process used
by each major political party to elect delegates to its national
presidential candidate nominating convention. The pamphlet must also
provide a description of the statutory procedures by which minor
political parties are formed and the statutory methods used by the
parties to nominate candidates for president;
(7) An application form for an absentee ballot;
(8) A brief statement explaining the deletion and addition of
language for proposed measures under RCW 29A.32.080;
(9) Any additional information pertaining to elections as may be
required by law or in the judgment of the secretary of state is deemed
informative to the voters.
NEW SECTION. Sec. 122 A new section is added to chapter 29A.32
RCW to read as follows:
If the secretary of state prints and distributes a voters' pamphlet
for a primary in an even-numbered year, it must contain:
(1) A description of the office of precinct committee officer and
its duties;
(2) An explanation that, for partisan offices, only voters who
choose to affiliate with a major political party may vote in that
party's primary election, and that voters must limit their
participation in a partisan primary to one political party; and
(3) An explanation that minor political party candidates and
independent candidates will appear only on the general election ballot.
NEW SECTION. Sec. 123 A new section is added to chapter 29A.32
RCW 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 the
applicable ballot format and an explanation that minor political party
candidates and independent candidates will appear only on the general
election ballot.
NEW SECTION. Sec. 124 A new section is added to chapter 29A.36
RCW to read as follows:
On or before the day following the last day for major political
parties to fill vacancies in the ticket as provided by section 191 of
this act, the secretary of state shall certify to each county auditor
a list of the candidates who have filed declarations of candidacy in
his or her office for the primary. For each office, the certificate
shall include the name of each candidate, his or her address, and his
or her party designation, if any. Minor political party and
independent candidates may appear only on the general election ballot.
NEW SECTION. Sec. 125 A new section is added to chapter 29A.36
RCW to read as follows:
Except for the candidates for the positions of president and vice
president, 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 will appear on the appropriate ballot at the primary throughout
the jurisdiction in which they are to be nominated.
NEW SECTION. Sec. 126 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
include all partisan races, nonpartisan races, and ballot measures to
be voted on at that primary; or
(2) A physically separate ballot format that includes both party
ballots and a nonpartisan ballot. A party ballot must be specific to
a particular major political party and may include only the partisan
offices to be voted on at that primary and the names of candidates for
those partisan offices who designated that same major political party
in their declarations of candidacy. The nonpartisan ballot must
include all nonpartisan races and ballot measures to be voted on at
that primary.
NEW SECTION. Sec. 127 A new section is added to chapter 29A.36
RCW to read as follows:
(1) If the consolidated ballot format is used, the major political
party identification check-off box must appear on the primary ballot
before all offices 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, for a major political party candidate, only
votes cast by voters who choose to affiliate with that same major
political party will be tabulated and reported;
(c) 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;
(d) 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;
(e) 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
(f) 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 is used, clear and
concise instructions to the voter must be prominently displayed, and
must include:
(a) A statement explaining that only one party ballot and one
nonpartisan ballot may be voted;
(b) A statement explaining that if more than one party ballot is
voted, none of the party ballots will be tabulated or reported;
(c) A statement explaining that a voter's affiliation with a major
political party will be inferred from the act of voting the party
ballot for that major political party; and
(d) A statement explaining that every eligible registered voter may
vote a nonpartisan ballot, regardless of any party affiliation on the
part of the voter.
NEW SECTION. Sec. 128 A new section is added to chapter 29A.36
RCW to read as follows:
Every ballot for a single combination of issues, offices, and
candidates shall be uniform within a precinct and shall identify the
type of primary or election, the county, and the date of the primary or
election, and the ballot or voting device shall contain instructions on
the proper method of recording a vote, including write-in votes. Each
position, together with the names of the candidates for that office,
shall be clearly separated from other offices or positions in the same
jurisdiction. The offices in each jurisdiction shall be clearly
separated from each other. No paper ballot or ballot card may be
marked in any way that would permit the identification of the person
who voted that ballot.
NEW SECTION. Sec. 129 A new section is added to chapter 29A.36
RCW to read as follows:
(1)(a) The positions or offices on a primary consolidated ballot
shall be arranged in substantially the following order: United States
senator; United States representative; governor; lieutenant governor;
secretary of state; state treasurer; state auditor; attorney general;
commissioner of public lands; superintendent of public instruction;
insurance commissioner; state senator; state representative; county
officers; justices of the supreme court; judges of the court of
appeals; judges of the superior court; and judges of the district
court. For all other jurisdictions on the primary consolidated ballot,
the offices in each jurisdiction shall be grouped together and be in
the order of the position numbers assigned to those offices, if any.
(b)(i) The positions or offices on a primary party ballot must be
arranged in substantially the following order: United States senator;
United States representative; governor; lieutenant governor; secretary
of state; state treasurer; state auditor; attorney general;
commissioner of public lands; insurance commissioner; state senator;
state representative; and partisan county officers. For all other
jurisdictions on the primary party ballot, the offices in each
jurisdiction must be grouped together and be in the order of the
position numbers assigned to those offices, if any.
(ii) The positions or offices on a primary nonpartisan ballot must
be arranged in substantially the following order: Superintendent of
public instruction; justices of the supreme court; judges of the court
of appeals; judges of the superior court; and judges of the district
court. For all other jurisdictions on the primary nonpartisan ballot,
the offices in each jurisdiction must be grouped together and be in the
order of the position numbers assigned to those offices, if any.
(2) The order of the positions or offices on an election ballot
shall be substantially the same as on a primary consolidated ballot
except that state ballot issues must be placed before all offices. The
offices of president and vice president of the United States shall
precede all other offices on a presidential election ballot. The
positions on a ballot to be assigned to ballot measures regarding local
units of government shall be established by the secretary of state by
rule.
(3) The political party or independent candidacy of each candidate
for partisan office shall be indicated next to the name of the
candidate on the primary and election ballot. A candidate shall file
a written notice with the filing officer within three business days
after the close of the filing period designating the political party to
be indicated next to the candidate's name on the ballot if either: (a)
The candidate has been nominated by two or more minor political parties
or independent conventions; or (b) the candidate has both filed a
declaration of candidacy declaring an affiliation with a major
political party and been nominated by a minor political party or
independent convention. If no written notice is filed the filing
officer shall give effect to the party designation shown upon the first
document filed. A candidate may be deemed nominated by a minor party
or independent convention only if all documentation required by chapter
29A.20 RCW has been timely filed.
NEW SECTION. Sec. 130 A new section is added to chapter 29A.36
RCW 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. 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 section 172 of this act or RCW 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.
NEW SECTION. Sec. 131 A new section is added to chapter 29A.36
RCW to read as follows:
Except in each county with a population of one million or more, on
or before the fifteenth day before a primary or election, the county
auditor shall prepare a sample ballot which shall be made readily
available to members of the public. The secretary of state shall adopt
rules governing the preparation of sample ballots in counties with a
population of one million or more. The rules shall permit, among other
alternatives, the preparation of more than one sample ballot by a
county with a population of one million or more for a primary or
election, each of which lists a portion of the offices and issues to be
voted on in that county. The position of precinct committee officer
shall be shown on the sample ballot for the primary, but the names of
candidates for the individual positions need not be shown.
NEW SECTION. Sec. 132 A new section is added to chapter 29A.36
RCW to read as follows:
(1) On the top of each ballot must be printed clear and concise
instructions directing the voter how to mark the ballot, including
write-in votes. On the top of each primary ballot must be printed the
instructions required by this chapter.
(2) The questions of adopting constitutional amendments or any
other state measure authorized by law to be submitted to the voters at
that election must appear after the instructions and before any
offices.
(3) In a year that president and vice president appear on the
general election ballot, the names of candidates for president and vice
president for each political party must be grouped together with a
single response position for a voter to indicate his or her choice.
(4) On a general election ballot, the candidate or candidates of
the major political party that received the highest number of votes
from the electors of this state for the office of president of the
United States at the last presidential election must appear first
following the appropriate office heading. The candidate or candidates
of the other major political parties will follow according to the votes
cast for their nominees for president at the last presidential
election, and independent candidates and the candidate or candidates of
all other parties will follow in the order of their qualification with
the secretary of state.
(5) All paper ballots and ballot cards used at a polling place must
be sequentially numbered in such a way to permit removal of such
numbers without leaving any identifying marks on the ballot.
NEW SECTION. Sec. 133 A new section is added to chapter 29A.36
RCW 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, at the preceding primary, 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 office and
a plurality of the votes cast by voters affiliated with that party for
candidates for that office affiliated with that party.
NEW SECTION. Sec. 134 A new section is added to chapter 29A.40
RCW to read as follows:
(1) The county auditor shall issue an absentee ballot for the
primary or election for which it was requested, or for the next
occurring
primary or election when ongoing absentee status has been
requested if the information contained in a request for an absentee
ballot or ongoing absentee status received by the county auditor is
complete and correct and the applicant is qualified to vote under
federal or state law. Otherwise, the county auditor shall notify the
applicant of the reason or reasons why the request cannot be accepted.
Whenever two or more candidates have filed for the position of precinct
committee officer for the same party in the same precinct, the contest
for that position must be presented to absentee voters from that
precinct by either including the contest on the regular absentee ballot
or a separate absentee ballot. The ballot must provide space
designated for writing in the name of additional candidates.
(2) A registered voter may obtain a replacement ballot if the
ballot is destroyed, spoiled, lost, or not received by the voter. The
voter may obtain the ballot by telephone request, by mail,
electronically, or in person. The county auditor shall keep a record
of each replacement ballot provided under this subsection.
(3) A copy of the state voters' pamphlet must be sent to registered
voters temporarily outside the state, out-of-state voters, overseas
voters, and service voters along with the absentee ballot if such a
pamphlet has been prepared for the primary or election and is available
to the county auditor at the time of mailing. The county auditor shall
mail all absentee ballots and related material to voters outside the
territorial limits of the United States and the District of Columbia
under 39 U.S.C. 3406.
NEW SECTION. Sec. 135 A new section is added to chapter 29A.40
RCW 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 the applicable ballot style, as
provided in chapter 29A.36 RCW. 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. 136 A new section is added to chapter 29A.44
RCW to read as follows:
A voter desiring to vote shall give his or her name to the precinct
election officer who has the precinct list of registered voters. This
officer shall announce the name to the precinct election officer who
has the copy of the inspector's poll book for that precinct. If the
right of this voter to participate in the primary or election is not
challenged, the voter must be issued a ballot or permitted to enter a
voting booth or to operate a voting device. For a partisan primary in
a jurisdiction using the physically separate ballot format, the voter
must be issued a nonpartisan ballot and each party ballot. The number
of the ballot or the voter must be recorded by the precinct election
officers. If the right of the voter to participate is challenged, RCW
29A.08.810 and 29A.08.820 apply to that voter.
NEW SECTION. Sec. 137 A new section is added to chapter 29A.44
RCW to read as follows:
On signing the precinct list of registered voters or being issued
a ballot, the voter shall, without leaving the polling place or
disability access location, proceed to one of the voting booths or
voting devices to cast his or her vote. When county election
procedures so provide, the election officers may tear off and retain
the numbered stub from the ballot before delivering it to the voter.
If an election officer has not already done so, when the voter has
finished, he or she shall either (1) remove the numbered stub from the
ballot, place the ballot in the ballot box, and return the number to
the election officers, or (2) deliver the entire ballot to the election
officers, who shall remove the numbered stub from the ballot and place
the ballot in the ballot box. For a partisan primary in a jurisdiction
using the physically separate ballot format, the voter shall also
return unvoted party ballots to the precinct election officers, who
shall void the unvoted party ballots and return them to the county
auditor. If poll-site ballot counting devices are used, the voter
shall put the ballot in the device.
NEW SECTION. Sec. 138 A new section is added to chapter 29A.44
RCW to read as follows:
As each voter casts his or her vote, the precinct election officers
shall insert in the poll books or precinct list of registered voters
opposite that voter's name, a notation to credit the voter with having
participated in that primary or election. No record may be made of a
voter's party affiliation in a partisan primary. The precinct election
officers shall record the voter's name so that a separate record is
kept.
NEW SECTION. Sec. 139 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 section 172 of this act,
must be nominated at primaries held under this chapter.
NEW SECTION. Sec. 140 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
section 172 of this act, 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. 141 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;
(3) Any notice of a partisan primary published in compliance with
section 145 of this act;
(4) A sample ballot prepared by a county auditor under section 131
of this act for a partisan primary;
(5) The web site of the office of the secretary of state and any
existing web site of a county auditor's office; and
(6) Every polling place.
NEW SECTION. Sec. 142 A new section is added to chapter 29A.52
RCW to read as follows:
(1) Under a consolidated ballot format:
(a) Votes for a major political party candidate will only be
tabulated and reported if cast by voters who choose to affiliate with
that same major political party;
(b) 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;
(c) 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;
(d) 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; 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 party ballot and one nonpartisan ballot may be voted;
(b) If more than one party ballot is voted, none of the ballots
will be tabulated or reported;
(c) A voter's affiliation with a major political party will be
inferred from the act of voting the party ballot for that major
political party; and
(d) Every eligible registered voter may vote a nonpartisan ballot.
NEW SECTION. Sec. 143 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. 144 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.
NEW SECTION. Sec. 145 A new section is added to chapter 29A.52
RCW 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 the applicable ballot, as
provided in chapter 29A.36 RCW, 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.
NEW SECTION. Sec. 146 A new section is added to chapter 29A.52
RCW to read as follows:
No later than the day following the certification of the returns of
any primary, the secretary of state shall certify to the appropriate
county auditors the names of all persons nominated for offices at a
primary, or at an independent candidate or minor party convention.
NEW SECTION. Sec. 147 A new section is added to chapter 29A.60
RCW to read as follows:
(1) For any office at any election or primary, any voter may write
in on the ballot the name of any person for an office who has filed as
a write-in candidate for the office in the manner provided by section
117 of this act and such vote shall be counted the same as if the name
had been printed on the ballot and marked by the voter. For a partisan
primary in a jurisdiction using the physically separate ballot format,
a voter may write in on a party ballot only the names of write-in
candidates who affiliate with that major political party. No write-in
vote made for any person who has not filed a declaration of candidacy
pursuant to section 117 of this act is valid if that person filed for
the same office, either as a regular candidate or a write-in candidate,
at the preceding primary. Any abbreviation used to designate office,
position, or political party shall be accepted if the canvassing board
can determine, to their satisfaction, the voter's intent.
(2) The number of write-in votes cast for each office must be
recorded and reported with the canvass for the election.
(3) Write-in votes cast for an individual candidate for an office
need not be tallied if the total number of write-in votes and under
votes recorded by the vote tabulation system for the office is not
greater than the number of votes cast for the candidate apparently
nominated or elected, and the write-in votes could not have altered the
outcome of the primary or election. In the case of write-in votes for
statewide office or for any office whose jurisdiction encompasses more
than one county, write-in votes for an individual candidate must be
tallied whenever the county auditor is notified by either the office of
the secretary of state or another auditor in a multicounty jurisdiction
that it appears that the write-in votes could alter the outcome of the
primary or election.
(4) In the case of statewide offices or jurisdictions that
encompass more than one county, if the total number of write-in votes
and under votes recorded by the vote tabulation system for an office
within a county is greater than the number of votes cast for a
candidate apparently nominated or elected in a primary or election, the
auditor shall tally all write-in votes for individual candidates for
that office and notify the office of the secretary of state and the
auditors of the other counties within the jurisdiction, that the write-in votes for individual candidates should be tallied.
NEW SECTION. Sec. 148 A new section is added to chapter 29A.80
RCW to read as follows:
Any member of a major political party who is a registered voter in
the precinct may upon payment of a fee of one dollar file his or her
declaration of candidacy as prescribed under section 158 of this act
with the county auditor for the office of precinct committee officer of
his or her party in that precinct. When elected at the primary, the
precinct committee officer shall serve so long as the committee officer
remains an eligible voter in that precinct.
NEW SECTION. Sec. 149 A new section is added to chapter 29A.80
RCW to read as follows:
The statutory requirements for filing as a candidate at the
primaries apply to candidates for precinct committee officer. The
office must be voted upon at the primaries, and the names of all
candidates must appear under the proper party and office designations
on the ballot for the primary for each even-numbered year, and the one
receiving the highest number of votes will be declared elected.
However,
to be declared elected, a candidate must receive at least ten
percent of the number of votes cast for the candidate of the
candidate's party receiving the greatest number of votes in the
precinct. The term of office of precinct committee officer is two
years, commencing the first day of December following the primary.
NEW SECTION. Sec. 150 A new section is added to chapter 29A.80
RCW 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 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.
NEW SECTION. Sec. 151 A new section is added to chapter 29A.04
RCW 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;
(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;
(47) Procedures for conducting partisan primary elections;
(48) Standards and procedures for the proper conduct of voting
during the early voting period to provide accessability for the blind
or visually impaired;
(49) Standards for voting technology and systems used by the state
or any political subdivision to be accessible for individuals with
disabilities, including nonvisual accessibility for the blind and
visually impaired, in a manner that provides the same opportunity for
access and participation, including privacy and independence, as other
voters;
(50) All data formats for transferring voter registration data on
electronic or machine-readable media for the purpose of administering
the statewide voter registration list required by the Help America Vote
Act (P.L. 107-252);
(51) Defining the interaction of electronic voter registration
election management systems employed by each county auditor to maintain
a local copy of each county's portion of the official state list of
registered voters;
(52) Provisions and procedures to implement the state-based
administrative complaint procedure as required by the Help America Vote
Act (P.L. 107-252); and
(53) Facilitating the payment of local government grants to local
government election officers or vendors.
NEW SECTION. Sec. 152 A new section is added to chapter 29A.04
RCW to read as follows:
"Primary" or "primary election" means a statutory procedure for
nominating candidates to public office at the polls.
NEW SECTION. Sec. 153 A new section is added to chapter 29A.20
RCW to read as follows:
(1) A person filing a declaration of candidacy for an office shall,
at the time of filing, be a registered voter and possess the
qualifications specified by law for persons who may be elected to the
office.
(2) Excluding the office of precinct committee officer or a
temporary elected position such as a charter review board member or
freeholder, no person may file for more than one office.
(3) The name of a candidate for an office shall not appear on a
ballot for that office unless, except as provided in RCW 3.46.067 and
3.50.057, the candidate is, at the time the candidate's declaration of
candidacy is filed, properly registered to vote in the geographic area
represented by the office. For the purposes of this section, each
geographic area in which registered voters may cast ballots for an
office is represented by that office. If a person elected to an office
must be nominated from a district or similar division of the geographic
area represented by the office, the name of a candidate for the office
shall not appear on a primary ballot for that office unless the
candidate is, at the time the candidate's declaration of candidacy is
filed, properly registered to vote in that district or division. The
officer with whom declarations of candidacy must be filed under this
title shall review each such declaration filed regarding compliance
with this subsection.
(4) The requirements of voter registration and residence within the
geographic area of a district do not apply to candidates for
congressional office. Qualifications for the United States congress
are specified in the United States Constitution.
NEW SECTION. Sec.154 A new section is added to chapter 29A.20
RCW to read as follows:
A certificate evidencing nominations made at a convention must:
(1) Be in writing;
(2) Contain the name of each person nominated, his or her
residence, and the office for which he or she is named, and if the
nomination is for the offices of president and vice president of the
United States, a sworn statement from both nominees giving their
consent to the nomination;
(3) Identify the minor political party or the independent candidate
on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and secretary;
(5) Be accompanied by a nominating petition or petitions bearing
the signatures and addresses of registered voters equal in number to
that required by section 111 of this act;
(6) Contain proof of publication of the notice of calling the
convention; and
(7) Be submitted to the appropriate filing officer not later than
one week following the adjournment of the convention at which the
nominations were made. If the nominations are made only for offices
whose jurisdiction is entirely within one county, the certificate and
nominating petitions must be filed with the county auditor. If a minor
party or independent candidate convention nominates any candidates for
offices whose jurisdiction encompasses more than one county, all
nominating petitions and the convention certificates must be filed with
the secretary of state.
NEW SECTION. Sec. 155 A new section is added to chapter 29A.20
RCW to read as follows:
(1) If two or more valid certificates of nomination are filed
purporting to nominate different candidates for the same position using
the same party name, the filing officer must give effect to both
certificates. If conflicting claims to the party name are not resolved
either by mutual agreement or by a judicial determination of the right
to the name, the candidates must be treated as independent candidates.
Disputes over the right to the name must not be permitted to delay the
printing of either ballots or a voters' pamphlet. Other candidates
nominated by the same conventions may continue to use the partisan
affiliation unless a court of competent jurisdiction directs otherwise.
(2) A person affected may petition the superior court of the county
in which the filing officer is located for a judicial determination of
the right to the name of a minor political party, either before or
after documents are filed with the filing officer. The court shall
resolve the conflict between competing claims to the use of the same
party name according to the following principles: (a) The prior
established public use of the name during previous elections by a party
composed of or led by the same individuals or individuals in documented
succession; (b) prior established public use of the name earlier in the
same election cycle; (c) the nomination of a more complete slate of
candidates for a number of offices or in a number of different regions
of the state; (d) documented affiliation with a national or statewide
party organization with an established use of the name; (e) the first
date of filing of a certificate of nomination; and (f) such other
indicia of an established right to use of the name as the court may
deem relevant. If more than one filing officer is involved, and one of
them is the secretary of state, the petition must be filed in the
superior court for Thurston county. Upon resolving the conflict
between competing claims, the court may also address any ballot
designation for the candidate who does not prevail.
NEW SECTION. Sec. 156 A new section is added to chapter 29A.20
RCW to read as follows:
A minor political party or independent candidate convention
nominating candidates for the offices of president and vice president
of the United States shall, not later than ten days after the
adjournment of the convention, submit a list of presidential electors
to the office of the secretary of state. The list shall contain the
names and the mailing addresses of the persons selected and shall be
verified by the presiding officer of the convention.
NEW SECTION. Sec. 157 A new section is added to chapter 29A.20
RCW to read as follows:
Upon the receipt of the certificate of nomination, the officer with
whom it is filed shall check the certificate and canvass the signatures
on the accompanying nominating petitions to determine if the
requirements of section 111 of this act have been met. Once the
determination has been made, the filing officer shall notify the
presiding officer of the convention and any other persons requesting
the notification, of his or her decision regarding the sufficiency of
the certificate or the nominating petitions. Any appeal regarding the
filing officer's determination must be filed with the superior court of
the county in which the certificate or petitions were filed not later
than five days from the date the determination is made, and shall be
heard and finally disposed of by the court within five days of the
filing. Nominating petitions shall not be available for public
inspection or copying.
NEW SECTION. Sec. 158 A new section is added to chapter 29A.24
RCW to read as follows:
A candidate who desires to have his or her name printed on the
ballot for election to an office other than president of the United
States, vice president of the United States, or an office for which
ownership of property is a prerequisite to voting shall complete and
file a declaration of candidacy. The secretary of state shall adopt,
by rule, a declaration of candidacy form for the office of precinct
committee officer and a separate standard form for candidates for all
other offices filing under this chapter. Included on the standard form
shall be:
(1) A place for the candidate to declare that he or she is a
registered voter within the jurisdiction of the office for which he or
she is filing, and the address at which he or she is registered;
(2) A place for the candidate to indicate the position for which he
or she is filing;
(3) A place for the candidate to indicate a party designation, if
applicable;
(4) A place for the candidate to indicate the amount of the filing
fee accompanying the declaration of candidacy or for the candidate to
indicate that he or she is filing a nominating petition in lieu of the
filing fee under section 160 of this act;
(5) A place for the candidate to sign the declaration of candidacy,
stating that the information provided on the form is true and swearing
or affirming that he or she will support the Constitution and laws of
the United States and the Constitution and laws of the state of
Washington.
In the case of a declaration of candidacy filed electronically,
submission of the form constitutes agreement that the information
provided with the filing is true, that he or she will support the
Constitutions and laws of the United States and the state of
Washington, and that he or she agrees to electronic payment of the
filing fee established in section 160 of this act.
The secretary of state may require any other information on the
form he or she deems appropriate to facilitate the filing process.
NEW SECTION. Sec. 159 A new section is added to chapter 29A.24
RCW to read as follows:
Any candidate may mail his or her declaration of candidacy for an
office to the filing officer. Such declarations of candidacy shall be
processed by the filing officer in the following manner:
(1) Any declaration received by the filing officer by mail before
the tenth business day immediately preceding the first day for
candidates to file for office shall be returned to the candidate
submitting it, together with a notification that the declaration of
candidacy was received too early to be processed. The candidate shall
then be permitted to resubmit his or her declaration of candidacy
during the filing period.
(2) Any properly executed declaration of candidacy received by mail
on or after the tenth business day immediately preceding the first day
for candidates to file for office and before the close of business on
the last day of the filing period shall be included with filings made
in person during the filing period. In partisan and judicial elections
the filing officer shall determine by lot the order in which the names
of those candidates shall appear upon sample and absentee primary
ballots.
(3) Any declaration of candidacy received by the filing officer
after the close of business on the last day for candidates to file for
office shall be rejected and returned to the candidate attempting to
file it.
NEW SECTION. Sec. 160 A new section is added to chapter 29A.24
RCW to read as follows:
A filing fee of one dollar shall accompany each declaration of
candidacy for precinct committee officer; a filing fee of ten dollars
shall accompany the declaration of candidacy for any office with a
fixed annual salary of one thousand dollars or less; a filing fee equal
to one percent of the annual salary of the office at the time of filing
shall accompany the declaration of candidacy for any office with a
fixed annual salary of more than one thousand dollars per annum. No
filing fee need accompany a declaration of candidacy for any office for
which compensation is on a per diem or per meeting attended basis.
A candidate who lacks sufficient assets or income at the time of
filing to pay the filing fee required by this section shall submit with
his or her declaration of candidacy a nominating petition. The
petition shall contain not less than a number of signatures of
registered voters equal to the number of dollars of the filing fee.
The signatures shall be of voters registered to vote within the
jurisdiction of the office for which the candidate is filing.
When the candidacy is for:
(1) A legislative or judicial office that includes territory from
more than one county, the fee shall be paid to the secretary of state
for equal division between the treasuries of the counties comprising
the district.
(2) A city or town office, the fee shall be paid to the county
auditor who shall transmit it to the city or town clerk for deposit in
the city or town treasury.
NEW SECTION. Sec. 161 A new section is added to chapter 29A.24
RCW to read as follows:
Nominating petitions may be rejected for the following reasons:
(1) The petition is not in the proper form;
(2) The petition clearly bears insufficient signatures;
(3) The petition is not accompanied by a declaration of candidacy;
(4) The time within which the petition and the declaration of
candidacy could have been filed has expired.
If the petition is accepted, the officer with whom it is filed
shall canvass the signatures contained on it and shall reject the
signatures of those persons who are not registered voters and the
signatures of those persons who are not registered to vote within the
jurisdiction of the office for which the nominating petition is filed.
He or she shall additionally reject any signature that appears on the
nominating petitions of two or more candidates for the same office and
shall also reject, each time it appears, the name of any person who
signs the same petition more than once.
If the officer with whom the petition is filed refuses to accept
the petition or refuses to certify the petition as bearing sufficient
valid signatures, the person filing the petition may appeal that action
to the superior court. The application for judicial review shall take
precedence over other cases and matters and shall be speedily heard and
determined.
NEW SECTION. Sec. 162 A new section is added to chapter 29A.24
RCW to read as follows:
A void in candidacy for a nonpartisan office occurs when an
election for such office, except for the short term, has been scheduled
and no valid declaration of candidacy has been filed for the position
or all persons filing such valid declarations of candidacy have died or
been disqualified.
NEW SECTION. Sec. 163 A new section is added to chapter 29A.24
RCW to read as follows:
The election officer with whom declarations of candidacy are filed
shall give notice of a void in candidacy for a nonpartisan office, by
notifying press, radio, and television in the county and by such other
means as may now or hereafter be provided by law. The notice shall
state the office, and the time and place for filing declarations of
candidacy.
NEW SECTION. Sec. 164 A new section is added to chapter 29A.24
RCW to read as follows:
Filings to fill a void in candidacy for nonpartisan office must be
made in the same manner and with the same official as required during
the regular filing period for such office, except that nominating
signature petitions that may be required of candidates filing for
certain district offices during the normal filing period may not be
required of candidates filing during the special three-day filing
period.
NEW SECTION. Sec. 165 A new section is added to chapter
29A.24
RCW to read as follows:
Filings for a nonpartisan office shall be reopened for a period of
three normal business days, such three day period to be fixed by the
election officer with whom such declarations of candidacy are filed and
notice thereof given by notifying press, radio, and television in the
county and by such other means as may now or hereafter be provided by
law whenever before the sixth Tuesday prior to a primary:
(1) A void in candidacy occurs;
(2) A vacancy occurs in any nonpartisan office leaving an unexpired
term to be filled by an election for which filings have not been held;
or
(3) A nominee for judge of the superior court entitled to a
certificate of election pursuant to Article 4, section 29, Amendment 41
of the state Constitution, dies or is disqualified.
Candidacies validly filed within said three-day period shall appear
on the ballot as if made during the earlier filing period.
NEW SECTION. Sec. 166 A new section is added to chapter 29A.24
RCW to read as follows:
Filings for a nonpartisan office (other than judge of the supreme
court or superintendent of public instruction) shall be reopened for a
period of three normal business days, such three day period to be fixed
by the election officer with whom such declarations of candidacy are
filed and notice thereof given by notifying press, radio, and
television in the county and by such other means as may now or
hereafter be provided by law, when:
(1) A void in candidacy for such nonpartisan office occurs on or
after the sixth Tuesday prior to a primary but prior to the sixth
Tuesday before an election; or
(2) A nominee for judge of the superior court eligible after a
contested primary for a certificate of election by Article 4, section
29, Amendment 41 of the state Constitution, dies or is disqualified
within the ten day period immediately following the last day allotted
for a candidate to withdraw; or
(3) A vacancy occurs in any nonpartisan office on or after the
sixth Tuesday prior to a primary but prior to the sixth Tuesday before
an election leaving an unexpired term to be filled by an election for
which filings have not been held.
The candidate receiving a plurality of the votes cast for that
office in the general election shall be deemed elected.
NEW SECTION. Sec. 167 A new section is added to chapter 29A.24
RCW to read as follows:
A scheduled election shall be lapsed, the office deemed stricken
from the ballot, no purported write-in votes counted, and no candidate
certified as elected, when:
(1) In an election for judge of the supreme court or superintendent
of public instruction, a void in candidacy occurs on or after the sixth
Tuesday prior to a primary, public filings and the primary being an
indispensable phase of the election process for such offices;
(2) Except as otherwise specified in section 166 of this act, a
nominee for judge of the superior court entitled to a certificate of
election pursuant to Article 4, section 29, Amendment 41 of the state
Constitution dies or is disqualified on or after the sixth Tuesday
prior to a primary;
(3) In other elections for nonpartisan office a void in candidacy
occurs or a vacancy occurs involving an unexpired term to be filled on
or after the sixth Tuesday prior to an election.
NEW SECTION. Sec. 168 A new section is added to chapter 29A.32
RCW to read as follows:
(1) The maximum number of words for statements submitted by
candidates is as follows: State representative, one hundred words;
state senator, judge of the superior court, judge of the court of
appeals, justice of the supreme court, and all state offices voted upon
throughout the state, except that of governor, two hundred words;
president and vice president, United States senator, United States
representative, and governor, three hundred words.
(2) Arguments written by committees under RCW 29A.32.060 may not
exceed two hundred fifty words in length.
(3) Rebuttal arguments written by committees may not exceed
seventy-five words in length.
(4) The secretary of state shall allocate space in the pamphlet
based on the number of candidates or nominees for each office.
NEW
SECTION. Sec. 169 A new section is added to chapter 29A.36
RCW to read as follows:
(1) Except as provided to the contrary in RCW 82.14.036, 82.46.021,
or 82.80.090, the ballot title of any referendum filed on an enactment
or portion of an enactment of a local government and any other question
submitted to the voters of a local government consists of three
elements: (a) An identification of the enacting legislative body and
a statement of the subject matter; (b) a concise description of the
measure; and (c) a question. The ballot title must conform with the
requirements and be displayed substantially as provided under RCW
29A.72.050, except that the concise description must not exceed
seventy-five words. If the local governmental unit is a city or a
town, the concise statement shall be prepared by the city or town
attorney. If the local governmental unit is a county, the concise
statement shall be prepared by the prosecuting attorney of the county.
If the unit is a unit of local government other than a city, town, or
county, the concise statement shall be prepared by the prosecuting
attorney of the county within which the majority area of the unit is
located.
(2) A referendum measure on the enactment of a unit of local
government shall be advertised in the manner provided for nominees for
elective office.
(3) Subsection (1) of this section does not apply if another
provision of law specifies the ballot title for a specific type of
ballot question or proposition.
NEW SECTION. Sec. 170 A new section is added to chapter 29A.36
RCW to read as follows:
(1) Except as provided in RCW 29A.36.180 and in subsection (2) of
this section, on the ballot at the general election for a nonpartisan
office for which a primary was held, only the names of the candidate
who received the greatest number of votes and the candidate who
received the next greatest number of votes for that office shall appear
under the title of that office, and the names shall appear in that
order. If a primary was conducted, no candidate's name may be printed
on the subsequent general election ballot unless he or she receives at
least one percent of the total votes cast for that office at the
preceding primary. On the ballot at the general election for any other
nonpartisan office for which no primary was held, the names of the
candidates shall be listed in the order determined under section 130 of
this act.
(2) On the ballot at the general election for the office of justice
of the supreme court, judge of the court of appeals, judge of the
superior court, judge of the district court, or state superintendent of
public instruction, if a candidate in a contested primary receives a
majority of all the votes cast for that office or position, only the
name of that candidate may be printed under the title of the office for
that position.
NEW SECTION. Sec. 171 A new section is added to chapter 29A.36
RCW 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 minor party
convention or the state or county central committee of a major
political party to fill a vacancy on its ticket under section 192 of
this act.
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.
NEW SECTION. Sec. 172 A new section is added to chapter 29A.52
RCW to read as follows:
Whenever it shall be necessary to hold a special election in an
odd-numbered year to fill an unexpired term of any office which is
scheduled to be voted upon for a full term in an even-numbered year, no
September primary election shall be held in the odd-numbered year if,
after the last day allowed for candidates to withdraw, either of the
following circumstances exist:
(1) No more than one candidate of each qualified political party
has
filed a declaration of candidacy for the same partisan office to be
filled; or
(2) No more than two candidates have filed a declaration of
candidacy for a single nonpartisan office to be filled.
In either event, the officer with whom the declarations of
candidacy were filed shall immediately notify all candidates concerned
and the names of the candidates that would have been printed upon the
September primary ballot, but for the provisions of this section, shall
be printed as nominees for the positions sought upon the November
general election ballot.
NEW SECTION. Sec. 173 A new section is added to chapter 29A.52
RCW to read as follows:
Candidates for the following offices shall be nominated at partisan
primaries held pursuant to the provisions of this chapter:
(1) Congressional offices;
(2) All state offices except (a) judicial offices and (b) the
office of superintendent of public instruction;
(3) All county offices except (a) judicial offices and (b) those
offices where a county home rule charter provides otherwise.
NEW SECTION. Sec. 174 A new section is added to chapter 29A.52
RCW to read as follows:
The offices of superintendent of public instruction, justice of the
supreme court, judge of the court of appeals, judge of the superior
court, and judge of the district court shall be nonpartisan and the
candidates therefor shall be nominated and elected as such.
All city, town, and special purpose district elective offices shall
be nonpartisan and the candidates therefor shall be nominated and
elected as such.
NEW SECTION. Sec. 175 A new section is added to chapter 29A.52
RCW to read as follows:
Except as provided in RCW 29A.32.260, notice for any state, county,
district, or municipal election, whether special or general, must be
given by at least one publication not more than ten nor less than three
days before the election by the county auditor or the officer
conducting the election as the case may be, in one or more newspapers
of general circulation within the county. The legal notice must
contain the title of each office under the proper party designation,
the names and addresses of all officers who have been nominated for an
office to be voted upon at that election, together with the ballot
titles of all measures, 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 a state, county, district, or municipal general or
special election and supersedes the provisions of any and all other
statutes, whether general or special in nature, having different
requirements for the giving of notice of any general or special
elections.
NEW SECTION. Sec. 176 A new section is added to chapter 29A.60
RCW to read as follows:
(1) If the requisite number of any federal, state, county, city, or
district offices have not been nominated in a primary by reason of two
or more persons having an equal and requisite number of votes for being
placed on the general election ballot, the official empowered by state
law to certify candidates for the general election ballot shall give
notice to the several persons so having the equal and requisite number
of votes to attend at the appropriate office at the time designated by
that official, who shall then and there proceed publicly to decide by
lot which of those persons will be declared nominated and placed on the
general election ballot.
(2) If the requisite number of any federal, state, county, city,
district, or precinct officers have not been elected by reason of two
or more persons having an equal and highest number of votes for one and
the same office, the official empowered by state law to issue the
original certificate of election shall give notice to the several
persons so having the highest and equal number of votes to attend at
the appropriate office at the time to be appointed by that official,
who shall then and there proceed publicly to decide by lot which of
those persons will be declared duly elected, and the official shall
make out and deliver to the person thus duly declared elected a
certificate of election.
NEW SECTION. Sec. 177 A new section
is added to chapter 29A.64
RCW to read as follows:
An officer of a political party or any person for whom votes were
cast in a primary who was not declared nominated may file a written
application for a recount of the votes or a portion of the votes cast
at that primary for all persons for whom votes were cast for nomination
to that office.
An officer of a political party or any person for whom votes were
cast at any election may file a written application for a recount of
the votes or a portion of the votes cast at that election for all
candidates for election to that office.
Any group of five or more registered voters may file a written
application for a recount of the votes or a portion of the votes cast
upon any question or issue. They shall designate one of the members of
the group as chair and shall indicate the voting residence of each
member of the group.
An application for a recount of the votes cast for an office or on
a ballot measure must be filed with the officer with whom filings are
made for the jurisdiction.
An application for a recount must specify whether the recount will
be done manually or by the vote tally system. A recount done by the
vote tally system must use programming that recounts and reports only
the office or ballot measure in question. The county shall also
provide for a test of the logic and accuracy of that program.
An application for a recount must be filed within three business
days after the county canvassing board or secretary of state has
declared the official results of the primary or election for the office
or issue for which the recount is requested.
This chapter applies to the recounting of votes cast by paper
ballots and to the recounting of votes recorded on ballots counted by
a vote tally system.
NEW SECTION. Sec. 178 A new section is added to chapter 29A.64
RCW to read as follows:
(1) If the official canvass of all of the returns for any office at
any primary or election reveals that the difference in the number of
votes cast for a candidate apparently nominated or elected to any
office and the number of votes cast for the closest apparently defeated
opponent is less than two thousand votes and also less than one-half of
one percent of the total number of votes cast for both candidates, the
county canvassing board shall conduct a recount of all votes cast on
that position.
(a) Whenever such a difference occurs in the number of votes cast
for candidates for a position the declaration of candidacy for which
was filed with the secretary of state, the secretary of state shall,
within three business days of the day that the returns of the primary
or election are first certified by the canvassing boards of those
counties, direct those boards to recount all votes cast on the
position.
(b) If the difference in the number of votes cast for the apparent
winner and the closest apparently defeated opponent is less than one
hundred fifty votes and also less than one-fourth of one percent of the
total number of votes cast for both candidates, the votes shall be
recounted manually or as provided in subsection (3) of this section.
(2) A mandatory recount shall be conducted in the manner provided
by RCW 29A.64.030, and sections 179 and 180 of this act. No cost of a
mandatory recount may be charged to any candidate.
(3) The apparent winner and closest apparently defeated opponent
for an office for which a manual recount is required under subsection
(1)(b) of this section may select an alternative method of conducting
the recount. To select such an alternative, the two candidates shall
agree to the alternative in a signed, written statement filed with the
election official for the office. The recount shall be conducted using
the alternative method if: It is suited to the balloting system that
was used for casting the votes for the office; it involves the use of
a vote tallying system that is approved for use in this state by the
secretary of state; and the vote tallying system is readily available
in each county required to conduct the recount. If more than one
balloting system was used in casting votes for the office, an
alternative to a manual recount may be selected for each system.
NEW SECTION. Sec. 179 A new section is added to chapter 29A.64
RCW to read as follows:
(1) At the time and place established for a recount, the canvassing
board or its duly authorized representatives, in the presence of all
witnesses who may be in attendance, shall open the sealed containers
containing the ballots to be recounted, and shall recount the votes for
the offices or issues for which the recount has been ordered. Ballots
shall be handled only by the members of the canvassing board or their
duly authorized representatives.
Witnesses shall be permitted to observe the ballots and the process
of tabulating the votes, but they shall not be permitted to handle the
ballots. The canvassing board shall not permit the tabulation of votes
for any nomination, election, or issue other than the ones for which a
recount was applied for or required.
(2) At any time before the ballots from all of the precincts listed
in the application for the recount have been recounted, the applicant
may file with the board a written request to stop the recount.
(3) The recount may be observed by persons representing the
candidates affected by the recount or the persons representing both
sides of an issue that is being recounted. The observers may not make
a record of the names, addresses, or other information on the ballots,
poll books, or applications for absentee ballots unless authorized by
the superior court. The secretary of state or county auditor may limit
the number of observers to not less than two on each side if, in his or
her opinion, a greater number would cause undue delay or disruption of
the recount process.
NEW SECTION. Sec. 180 A new section is added to chapter 29A.64
RCW to read as follows:
Upon completion of the canvass of a recount, the canvassing board
shall prepare and certify an amended abstract showing the votes cast in
each precinct for which the recount was conducted. Copies of the
amended abstracts must be transmitted to the same officers who received
the abstract on which the recount was based.
If the nomination, election, or issue for which the recount was
conducted was submitted only to the voters of a county, the canvassing
board shall file the amended abstract with the original results of that
election or primary.
If the nomination, election, or issue for which a recount was
conducted was submitted to the voters of more than one county, the
secretary of state shall canvass the amended abstracts and shall file
an amended abstract with the original results of that election. An
amended abstract certified under this section supersedes any prior
abstract of the results for the same offices or issues at the same
primary or election.
NEW SECTION. Sec. 181 A new section is added to chapter 29A.64
RCW to read as follows:
The canvassing board shall determine the expenses for conducting a
recount of votes.
The cost of the recount shall be deducted from the amount deposited
by the applicant for the recount at the time of filing the request for
the recount, and the balance shall be returned to the applicant. If
the costs of the recount exceed the deposit, the applicant shall pay
the difference. No charges may be deducted by the canvassing board
from the deposit for a recount if the recount changes the result of the
nomination or election for which the recount was ordered.
NEW SECTION. Sec. 182 A new section is added to chapter 29A.68
RCW to read as follows:
Any justice of the supreme court, judge of the court of appeals, or
judge of the superior court in the proper county shall, by order,
require any person charged with error, wrongful act, or neglect to
forthwith correct the error, desist from the wrongful act, or perform
the duty and to do as the court orders or to show cause forthwith why
the error should not be corrected, the wrongful act desisted from, or
the duty or order not performed, whenever it is made to appear to such
justice or judge by affidavit of an elector that:
(1) An error or omission has occurred or is about to occur in
printing the name of any candidate on official ballots; or
(2) An error other than as provided in subsections (1) and (3) of
this section has been committed or is about to be committed in printing
the ballots; or
(3) The name of any person has been or is about to be wrongfully
placed upon the ballots; or
(4) A wrongful act other than as provided for in subsections (1)
and (3) of this section has been performed or is about to be performed
by any election officer; or
(5) Any neglect of duty on the part of an election officer other
than
as provided for in subsections (1) and (3) of this section has
occurred or is about to occur; or
(6) An error or omission has occurred or is about to occur in the
issuance of a certificate of election.
An affidavit of an elector under subsections (1) and (3) above when
relating to a primary election must be filed with the appropriate court
no later than the second Friday following the closing of the filing
period for nominations for such office and shall be heard and finally
disposed of by the court not later than five days after the filing
thereof. An affidavit of an elector under subsections (1) and (3) of
this section when relating to a general election must be filed with the
appropriate court no later than three days following the official
certification of the primary election returns and shall be heard and
finally disposed of by the court not later than five days after the
filing thereof. An affidavit of an elector under subsection (6) of
this section shall be filed with the appropriate court no later than
ten days following the issuance of a certificate of election.
NEW SECTION. Sec. 183 A new section is added to chapter 29A.80
RCW to read as follows:
(1) Each political party organization may:
(a) Make its own rules and regulations; and
(b) Perform all functions inherent in such an organization.
(2) Only major political parties may designate candidates to appear
on the state primary ballot as provided in section 191 of this act.
NEW SECTION. Sec. 184 A new section is added to chapter 29A.84
RCW to read as follows:
The following apply to persons signing nominating petitions
prescribed by section 114 of this act:
(1) A person who signs a petition with any other than his or her
name shall be guilty of a misdemeanor.
(2) A person shall be guilty of a misdemeanor if the person
knowingly: Signs more than one petition for any single candidacy of
any single candidate; signs the petition when he or she is not a legal
voter; or makes a false statement as to his or her residence.
NEW
SECTION. Sec. 185 A new section is added to chapter 29A.84
RCW to read as follows:
Every person who:
(1) Knowingly provides false information on his or her declaration
of candidacy or petition of nomination; or
(2) Conceals or fraudulently defaces or destroys a certificate that
has been filed with an elections officer under chapter 29A.20 RCW or a
declaration of candidacy or petition of nomination that has been filed
with an elections officer, or any part of such a certificate,
declaration, or petition, is guilty of a class C felony punishable
under RCW 9A.20.021.
NEW SECTION. Sec. 186 A new section is added to chapter 29A.84
RCW to read as follows:
Every person who:
(1) Knowingly and falsely issues a certificate of nomination or
election; or
(2) Knowingly provides false information on a certificate which
must be filed with an elections officer under chapter 29A.20 RCW, is
guilty of a class C felony punishable under RCW 9A.20.021.
NEW SECTION. Sec. 187 A new section is added to chapter 29A.04
RCW to read as follows:
"September primary" means the primary election held in September to
nominate candidates to be voted for at the ensuing election.
NEW SECTION. Sec. 188 A new section is added to chapter 29A.20
RCW to read as follows:
A "convention" for the purposes of this chapter, is an organized
assemblage of registered voters representing an independent candidate
or candidates or a new or minor political party, organization, or
principle. As used in this chapter, the term "election jurisdiction"
shall mean the state or any political subdivision or jurisdiction of
the state from which partisan officials are elected. This term shall
include county commissioner districts or council districts for members
of a county legislative authority, counties for county officials who
are nominated and elected on a county-wide basis, legislative districts
for members of the legislature, congressional districts for members of
Congress, and the state for president and vice president, members of
the United States senate, and state officials who are elected on a
statewide basis.
NEW SECTION. Sec. 189 A new section is added to chapter 29A.20
RCW to read as follows:
Each minor party or independent candidate must publish a notice in
a newspaper of general circulation within the county in which the party
or the candidate intends to hold a convention. The notice must appear
at least ten days before the convention is to be held, and shall state
the date, time, and place of the convention. Additionally, it shall
include the mailing address of the person or organization sponsoring
the convention.
NEW SECTION. Sec. 190 A new section is added to chapter 29A.24
RCW to read as follows:
If after both the normal filing period and special three day filing
period as provided by sections 165 and 166 of this act have passed, no
candidate has filed for any single city, town, or district position to
be filled, the election for such position shall be deemed lapsed, the
office deemed stricken from the ballot and no write-in votes counted.
In such instance, the incumbent occupying such position shall remain in
office and continue to serve until a successor is elected at the next
election when such positions are voted upon.
NEW SECTION. Sec. 191 A new section is added to chapter 29A.28
RCW to read as follows:
If a place on the ticket of a major political party is vacant
because no person has filed for nomination as the candidate of that
major political party, after the last day allowed for candidates to
withdraw as provided by section 115 of this act, and if the vacancy is
for a state or county office to be voted on solely by the electors of
a single county, the county central committee of the major political
party may select and certify a candidate to fill the vacancy. If the
vacancy is for any other office the state central committee of the
major political party may select and certify a candidate to fill the
vacancy. The certificate must set forth the cause of the vacancy, the
name of the person nominated, the office for which the person is
nominated, and other pertinent information required in an ordinary
certificate of nomination and be filed in the proper office no later
than the first Friday after the last day allowed for candidates to
withdraw, together with the candidate's fee applicable to that office
and a declaration of candidacy.
NEW SECTION. Sec. 192 A new section is added to chapter 29A.28
RCW to read as follows:
A vacancy caused by the death or disqualification of any candidate
or nominee of a major or minor political party may be filled at any
time up to and including the day prior to the election for that
position. For state partisan offices in any political subdivision
voted on solely by electors of a single county, an individual shall be
appointed to fill such vacancy by the county central committee in the
case of a major political party or by the state central committee or
comparable governing body in the case of a minor political party. For
other partisan offices, including federal or statewide offices, an
individual shall be appointed to fill such vacancy by the state central
committee or comparable governing body of the appropriate political
party.
If the vacancy occurs no later than the sixth Tuesday prior to the
state primary or general election concerned and the ballots have been
printed, it shall be mandatory that they be corrected by the
appropriate election officers. In making such correction, it shall not
be necessary to reprint complete ballots if any other less expensive
technique can be used and the resulting correction is reasonably clear.
If the vacancy occurs after the sixth Tuesday prior to the state
primary or general election and time does not exist in which to correct
ballots (including absentee ballots), either in total or in part, then
the votes cast or recorded for the person who has died or become
disqualified shall be counted for the person who has been named to fill
such vacancy.
When the secretary of state is the person with whom the appointment
by the major or minor political party is filed, the secretary shall, in
certifying candidates or nominations to the various county officers
insert the name of the person appointed to fill a vacancy.
If the secretary of state has already sent forth the certificate
when the appointment to fill a vacancy is filed, the secretary shall
forthwith certify to the county auditors of the proper counties the
name and place of residence of the person appointed to fill a vacancy,
the office for which the person is a candidate or nominee, the party
the person represents, and all other pertinent facts pertaining to the
vacancy.
NEW SECTION. Sec. 193 The following acts or parts of acts are
each repealed:
(1) RCW 29A.04.007 (Ballot and related terms) and 2003 c 111 s 102,
1994 c 57 s 2, 1990 c 59 s 2, & 1977 ex.s. c 361 s 1;
(2) RCW 29A.04.085 (Major political party) and section 3 of this
act, 2003 c 111 s 115, 1977 ex.s. c 329 s 9, & 1965 c 9 s 29.01.090;
(3) RCW 29A.04.127 (Primary) and section 5 of this act & 2003 c 111
s 122;
(4) RCW 29A.04.215 (County auditor -- Duties -- Exceptions) and 2003 c
111 s 134, 1987 c 295 s 1, 1977 ex.s. c 361 s 2, 1971 ex.s. c 202 s 1,
1965 c 123 s 1, & 1965 c 9 s 29.04.020;
(5) RCW 29A.04.310 (Primaries) and section 6 of this act, 2003 c
111 s 143, 1977 ex.s. c 361 s 29, 1965 ex.s. c 103 s 6, & 1965 c 9 s
29.13.070;
(6) RCW 29A.04.320 (State and local general elections -- Statewide
general election -- Exceptions -- Special county elections) and 2003 c 111
s 144, 1994 c 142 s 1, 1992 c 37 s 1, 1989 c 4 s 9 (Initiative Measure
No. 99), 1980 c 3 s 1, 1975-'76 2nd ex.s. c 111 s 1, 1975-'76 2nd ex.s.
c 3 s 1, 1973 2nd ex.s. c 36 s 1, 1973 c 4 s 1, 1965 c 123 s 2, & 1965
c 9 s 29.13.010;
(7) RCW 29A.04.610 (Rules by secretary of state) and 2003 c 111 s
161, 1971 ex.s. c 202 s 2, & 1965 c 9 s 29.04.080;
(8) RCW 29A.12.100 (Requirements of tallying systems for approval)
and 2003 c 111 s 310;
(9) RCW 29A.20.020 (Qualifications for filing, appearance on
ballot) and section 7 of this act, 2004 c ... (Senate Bill No. 6417) s
11, 2003 c 111 s 502, 1999 c 298 s 9, 1993 c 317 s 10, & 1991 c 178 s
1;
(10) RCW 29A.20.120 (Nomination by convention or write-in -- Dates -- Special filing period) and section 8 of this act & 2003 c 111 s 506;
(11) RCW 29A.20.140 (Convention -- Requirements for validity) and
section 9 of this act & 2003 c 111 s 508;
(12) RCW 29A.20.150 (Nominating petition -- Requirements) and section
10 of this act & 2003 c 111 s 509;
(13) RCW 29A.20.160 (Certificate of nomination -- Requisites) and
section 11 of this act, 2003 c 111 s 510, 1989 c 215 s 4, 1977 ex.s. c
329 s 4, & 1965 c 9 s 29.24.040;
(14) RCW 29A.20.170 (Multiple certificates of nomination) and
section 12 of this act & 2003 c 111 s 511;
(15) RCW 29A.20.180 (Presidential electors -- Selection at
convention) and section 13 of this act & 2003 c 111 s 512;
(16) RCW 29A.20.190 (Certificate of nomination -- Checking
signatures -- Appeal of determination) and section 14 of this act & 2003
c 111 s 513;
(17) RCW 29A.24.030 (Declaration of candidacy) and section 15 of
this act, 2003 c 111 s 603, 2002 c 140 s 1, & 1990 c 59 s 82.
(18) RCW 29A.24.080 (Declaration -- Filing by mail) and section 17 of
this act & 2003 c 111 s 608;
(19) RCW 29A.24.090 (Declaration -- Fees and petitions) and section
18 of this act & 2003 c 111 s 609;
(20) RCW 29A.24.100 (Nominating petition -- Form) and section 19 of
this act, 2003 c 111 s 610, & 1984 c 142 s 5;
(21) RCW 29A.24.110 (Petitions -- Rejection -- Acceptance, canvass of
signatures -- Judicial review) and section 20 of this act & 2003 c 111 s
611;
(22) RCW 29A.24.130 (Withdrawal of candidacy) and 2003 c 111 s 613;
(23) RCW 29A.24.140 (Void in candidacy -- Exception) and section 21
of this act & 2003 c 111 s 614;
(24) RCW 29A.24.150 (Notice of void in candidacy) and section 22 of
this act & 2003 c 111 s 615;
(25) RCW 29A.24.160 (Filings to fill void in candidacy -- How made)
and section 23 of this act, 2003 c 111 s 616, & 1972 ex.s. c 61 s 6;
(26) RCW 29A.24.170 (Reopening of filing -- Before sixth Tuesday
before primary) and section 24 of this act & 2003 c 111 s 617;
(27) RCW 29A.24.180 (Reopening of filing -- After sixth Tuesday
before primary) and section 25 of this act & 2003 c 111 s 618;
(28) RCW 29A.24.190 (Scheduled election lapses, when) and section
26 of this act, 2003 c 111 s 619, 2002 c 108 s 1, 1975-'76 2nd ex.s. c
120 s 12, & 1972 ex.s. c 61 s 4;
(29) RCW 29A.24.310 (Write-in voting -- Candidates, declaration) and
section 27 of this act, 2003 c 111 s 622, 1999 c 157 s 1, 1995 c 158 s
1, 1990 c 59 s 100, & 1988 c 181 s 1;
(30) RCW 29A.28.040 (Congress -- Special election) and section 29 of
this act, 2003 c 111 s 704, 1990 c 59 s 105, 1985 c 45 s 4, 1973 2nd
ex.s. c 36 s 3, & 1965 c 9 s 29.68.080;
(31) RCW 29A.28.060 (Congress -- General, primary election laws to
apply -- Time deadlines, modifications) and section 30 of this act, 2003
c 111 s 706, 1985 c 45 s 7, & 1965 c 9 s 29.68.130;
(32) RCW 29A.28.070 (Precinct committee officer) and 2003 c 111 s
707;
(33) RCW 29A.32.030 (Contents) and section 31 of this act & 2003 c
111 s 803;
(34) RCW 29A.32.120 (Candidates' statements -- Length) and section 32
of this act, 2004 c ... (Senate Bill No. 6417) s 12, 2003 c 254 s 6,
2003 c 111 s 812, & 1999 c 260 s 11;
(35) RCW 29A.32.240 (Contents) and 2003 c 111 s 816 & 1984 c 106 s
6;
(36) RCW 29A.36.010 (Certifying primary candidates) and section 33
of this act & 2003 c 111 s 901;
(37) RCW 29A.36.070 (Local measures--Ballot title -- Formulation -- Advertising) and section 34 of this act & 2003 c 111 s 907;
(38) RCW 29A.36.100 (Names on primary ballot) and section 35 of
this act, 2003 c 111 s 910, & 1990 c 59 s 93;
(39) RCW 29A.36.110 (Uniformity, arrangement, contents required)
and 2003 c 111 s 911;
(40) RCW 29A.36.120 (Order of offices and issues -- Party indication)
and 2003 c 111 s 912;
(41) RCW 29A.36.130 (Order of candidates on ballots) and 2003 c 111
s 913;
(42) RCW 29A.36.140 (Primaries -- Rotating names of candidates) and
2003 c 111 s 914;
(43) RCW 29A.36.150 (Sample ballots) and 2003 c 111 s 915;
(44) RCW 29A.36.160 (Arrangement of instructions, measures,
offices -- Order of candidates -- Numbering of ballots) and 2003 c 111 s
916, 1990 c 59 s 13, 1986 c 167 s 11, 1982 c 121 s 1, & 1977 ex.s. c
361 s 60;
(45) RCW 29A.36.170 (Nonpartisan candidates qualified for general
election) and section 36 of this act, 2004 c ... (Senate Bill No. 6518)
s 1, & 2003 c 111 s 917;
(46) RCW 29A.36.200 (Names qualified to appear on election ballot)
and section 37 of this act & 2003 c 111 s 920;
(47) RCW 29A.40.060 (Issuance of ballot and other materials) and
2003 c 111 s 1006, 2001 c 241 s 6, & 1991 c 81 s 31;
(48) RCW 29A.40.090 (Envelopes and instructions) and 2003 c 111 s
1009;
(49) RCW 29A.44.200 (Issuing ballot to voter -- Challenge) and 2003
c 111 s 1119, 1990 c 59 s 40, & 1965 c 9 s 29.51.050;
(50) RCW 29A.44.220 (Casting vote) and 2003 c 111 s 1121, 1990 c 59
s 43, 1988 c 181 s 4, 1965 ex.s. c 101 s 15, & 1965 c 9 s 29.51.100;
(51) RCW 29A.44.230 (Record of participation) and 2003 c 111 s
1122;
(52) RCW 29A.52.010 (Elections to fill unexpired term -- No primary,
when) and section 38 of this act & 2003 c 111 s 1301;
(53) RCW 29A.52.110 (Application of chapter) and section 39 of this
act & 2003 c 111 s 1302;
(54) RCW 29A.52.120 (General election laws govern primaries) and
2003 c 111 s 1303;
(55) RCW 29A.52.230 (Nonpartisan offices specified) and section 41
of this act & 2003 c 111 s 1307;
(56) RCW 29A.52.310 (Notice of primary) and 2003 c 111 s 1309 &
1965 c 9 s 29.27.030;
(57) RCW 29A.52.320 (Certification of nominees) and section 42 of
this act & 2003 c 111 s 1310;
(58) RCW 29A.52.350 (Election -- Certification of measures) and
section 43 of this act, 2003 c 111 s 1313, 1999 c 4 s 1, 1984 c 106 s
12, 1980 c 35 s 8, & 1965 c 9 s 29.27.080;
(59) RCW 29A.60.020 (Write-in voting -- Declaration of candidacy -- Counting of vote) and section 44 of this act & 2003 c 111 s 1502;
(60) RCW 29A.60.220 (Tie in primary or final election) and section
45 of this act, 2003 c 111 s 1522, & 1965 c 9 s 29.62.080;
(61) RCW 29A.64.010 (Application -- Requirements -- Application of
chapter) and section 46 of this act, 2003 c 111 s 1601, 2001 c 225 s 3,
1987 c 54 s 3, 1977 ex.s. c 361 s 98, & 1965 c 9 s 29.64.010;
(62) RCW 29A.64.020 (Mandatory) and section 47 of this act & 2003
c 111 s 1602;
(63) RCW 29A.64.040 (Procedure -- Observers -- Request to stop) and
section 48 of this act & 2003 c 111 s 1604;
(64) RCW 29A.64.060 (Amended abstracts) and section 49 of this act
& 2003 c 111 s 1606;
(65) RCW 29A.64.080 (Expenses -- Charges) and section 50 of this act
& 2003 c 111 s 1608;
(66) RCW 29A.68.010 (Prevention and correction of election frauds
and errors) and section 51 of this act & 2003 c 111 s 1701;
(67) RCW 29A.80.010 (Authority -- Generally) and section 52 of this
act, 2003 c 111 s 2001, 1977 ex.s. c 329 s 16, & 1965 c 9 s 29.42.010;
(68) RCW 29A.80.040 (Precinct committee officer, eligibility) and
2003 c 111 s 2004;
(69) RCW 29A.80.050 (Precinct committee officer -- Election -- Declaration of candidacy, fee -- Term) and 2003 c 111 s 2005, 1991 c 363
s 34, 1987 c 295 s 14, 1973 c 4 s 7, 1967 ex.s. c 32 s 2, 1965 ex.s. c
103 s 3, & 1965 c 9 s 29.42.050;
(70) RCW 29A.80.060 (Legislative district chair -- Election -- Term -- Removal) and 2003 c 111 s 2006, 1991 c 363 s 35, 1987 c 295 s 15, &
1967 ex.s. c 32 s 1;
(71) RCW 29A.84.260 (Petitions -- Improperly signing) and section 53
of this act & 2003 c 111 s 2114;
(72) RCW 29A.84.310 (Candidacy declarations, nominating petitions)
and section 54 of this act & 2003 c 111 s 2117;
(73) RCW 29A.84.710 (Documents regarding nomination, election,
candidacy -- Frauds and falsehoods) and section 55 of this act, 2003 c
111 s 2137, 1991 c 81 s 8, & 1965 c 9 s 29.85.100;
(74) Section 1 of this act;
(75) Section 2 of this act;
(76) Section 4 of this act;
(77) Section 28 of this act; and
(78) Section 40 of this act.
*NEW SECTION. Sec. 201 Sections 102 through 193 of this act take
effect the June 1st following the secretary of state issuing a
notification that no qualifying primary may be held in this state.
*Sec. 201 was vetoed. See message at end of chapter.
NEW SECTION. Sec. 202 The code reviser shall correct any
internal references accordingly if sections 102 through 193 of this act
take effect.
NEW SECTION. Sec. 203 Part headings used in this act are not any
part of the law.
NEW SECTION. Sec. 204 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. 205 Except for sections 102 through 193 of
this act, 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.