BILL REQ. #:  Z-0307.2 

Read first time 01/18/2007.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to primary election ballots; and amending RCW 29A.04.008, 29A.36.104, 29A.36.106, and 29A.52.151.

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

Sec. 1   RCW 29A.04.008 and 2005 c 243 s 1 are each amended 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 at the polling place on election day by the precinct election board to a voter who would otherwise be denied an opportunity to vote a regular ballot, for any reason authorized by the Help America Vote Act, including but not limited to the following:
     (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;
     (d) Any other reason allowed by law;
     (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)) candidates for partisan office who affiliate with that same major political party, as well as the nonpartisan races and ballot measures to be voted on at that primary;
     (7) "Nonpartisan ballot" means a primary election ballot that lists all nonpartisan races and ballot measures to be voted on at that primary.

Sec. 2   RCW 29A.36.104 and 2004 c 271 s 126 are each amended 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)) for each 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, as well as all nonpartisan races and ballot measures to be voted on at that primary. The nonpartisan ballot must include ((all)) only the nonpartisan races and ballot measures to be voted on at that primary.

Sec. 3   RCW 29A.36.106 and 2004 c 271 s 127 are each amended 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 statement that, for partisan offices, the voter may only vote for candidates of one political party;
     (b) A question asking the voter to indicate the major political party with which the voter chooses to affiliate;
     (((b))) (c) 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))) (d) 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)) party affiliation 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 that, for partisan offices, the voter may only vote for candidates of one political party;
     (b) A statement explaining that only one ((party ballot and one nonpartisan)) ballot may be voted;
     (((b))) (c) A statement explaining that if more than one party ballot is voted, none of the ((party ballots)) partisan races 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)) the nonpartisan ballot only lists nonpartisan races and ballot measures and does not list partisan races.

Sec. 4   RCW 29A.52.151 and 2004 c 271 s 142 are each amended to read as follows:
     (1) Under a consolidated ballot format:
     (a) ((Votes)) A voter's affiliation with a major political party is inferred from either selecting only that party in the check-off box, or voting only for candidates of that political party in partisan races;
     (b) A vote cast for a major political party candidate will only be tabulated and reported if cast by ((voters)) a voter who ((choose to)) affiliated with that same major political party;
     (((b) Votes)) (c) A vote cast for a major political party candidate by a voter who ((chooses to)) affiliated 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)) A vote cast for a major political party candidate by a voter who ((selects)) affiliated with more than one major political party ((with which to affiliate)) may not be tabulated or reported; and
     (e) ((Votes)) A vote 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)) may be tabulated or reported;
     (c) A voter's affiliation with a major political party ((will be)) is 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.