BILL REQ. #: S-1418.5
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 02/15/2007. Referred to Committee on Government Operations & Elections.
AN ACT Relating to primaries and elections; amending RCW 29A.04.008, 29A.08.161, 29A.40.091, 29A.44.201, 29A.44.221, 29A.44.231, 29A.52.111, 29A.52.112, 29A.52.116, 29A.52.141, 29A.52.151, 29A.24.031, 29A.36.011, 29A.36.101, 29A.36.121, 29A.36.161, 29A.36.171, 29A.52.231, 29A.04.008, 29A.04.128, 29A.04.216, 29A.04.311, 29A.08.161, 29A.12.080, 29A.20.021, 29A.24.081, 29A.24.091, 29A.24.101, 29A.24.131, 29A.24.141, 29A.24.151, 29A.24.161, 29A.24.171, 29A.24.181, 29A.24.191, 29A.24.211, 29A.24.311, 29A.28.041, 29A.28.061, 29A.32.031, 29A.32.241, 29A.36.131, 29A.36.151, 29A.40.061, 29A.40.091, 29A.44.201, 29A.44.221, 29A.44.231, 29A.44.410, 29A.44.430, 29A.48.020, 29A.48.060, 29A.52.011, 29A.52.210, 29A.52.220, 29A.52.311, 29A.52.351, 29A.60.221, 29A.60.240, 29A.64.011, 29A.64.030, 36.16.110, 36.16.115, 36.32.0558, and 36.32.070; reenacting and amending RCW 29A.04.611; creating new sections; repealing RCW 29A.32.036, 29A.36.104, 29A.36.106, 29A.52.106, 29A.52.116, 29A.52.141, 29A.52.151, 29A.52.161, 29A.24.210, 29A.28.011, 29A.28.071, 29A.32.036, 29A.36.104, 29A.36.106, 29A.36.191, 29A.52.106, 29A.52.321, 29A.80.011, 29A.80.020, 29A.80.030, 29A.80.041, 29A.80.051, and 29A.80.061; and providing a contingent effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 It is fundamental to our constitutional
system to have checks and balances. Washington state's Constitution
states, "All political power is inherent in the people, and governments
derive their just powers from the consent of the governed, and are
established to protect and maintain individual rights." The people may,
through their representatives of the legislature or through the ballot,
function as another check in government. The legislature intends to
return to the people their voice by structuring this act in such a way
as to preserve, one way or another, the individual's right to vote for
the person and not the party. Therefore, the legislature intends to
reinstitute the blanket primary to honor the rights of the people to
vote for the person instead of the party.
Given that the judiciary has ruled in favor of the constitutional
rights of the political parties, the legislature intends to check not
only the judicial branch of the federal government but also check the
political parties.
The legislature intends to give the political parties a choice to
either choose to side with the people and voluntarily restrict their
constitutional right or endure an alternative which follows a
suggestion by the United States supreme court in administering a
nonpartisan primary. A nonpartisan primary will also allow the people
to vote for the person instead of the party.
The legislature intends to restrict standing to challenge the
constitutionality of this act to a state chair of the different
political parties in Washington state. This will ensure any court
filing would constitute an official act of that state party.
Sec. 2 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 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
Sec. 3 RCW 29A.08.161 and 2004 c 271 s 107 are each amended 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)).
Sec. 4 RCW 29A.40.091 and 2005 c 246 s 21 are each amended to
read as follows:
The county auditor shall send each absentee voter a ballot, a
security envelope in which to seal the ballot after voting, a larger
envelope in which to return the security envelope, and instructions on
how to mark the ballot and how to return it to the county auditor.
((The instructions that accompany an absentee ballot for a partisan
primary must include instructions for voting the applicable ballot
style, as provided in chapter 29A.36 RCW.)) The absentee voter's name
and address must be printed on the larger return envelope, which must
also 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
declaration must clearly inform the voter that it is illegal to vote if
he or she is not a United States citizen; it is illegal to vote if he
or she has been convicted of a felony and has not had his or her voting
rights restored; and, except as otherwise provided by law, it is
illegal to cast a ballot or sign an absentee envelope on behalf of
another voter. 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. It must also contain a space so that the voter may
include a telephone number. 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. The return envelope must also have a secrecy
flap that the voter may seal that will cover the voter's signature and
optional telephone number. 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.
Sec. 5 RCW 29A.44.201 and 2004 c 271 s 136 are each amended 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.
Sec. 6 RCW 29A.44.221 and 2004 c 271 s 137 are each amended 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.
Sec. 7 RCW 29A.44.231 and 2004 c 271 s 138 are each amended 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. 8 The following acts or parts of acts are each
repealed:
(1) RCW 29A.32.036 (Even year primary contents) and 2004 c 271 s
122;
(2) RCW 29A.36.104 (Partisan primary ballots--Formats) and 2004 c
271 s 126;
(3) RCW 29A.36.106 (Partisan primary ballots--Required statements)
and 2004 c 271 s 127;
(4) RCW 29A.52.106 (Intent) and 2004 c 271 s 140;
(5) RCW 29A.52.116 (Application of chapter--Exceptions) and 2004 c
271 s 139;
(6) RCW 29A.52.141 (Instructions) and 2004 c 271 s 141;
(7) RCW 29A.52.151 (Ballot format--Procedures) and 2004 c 271 s
142; and
(8) RCW 29A.52.161 (One vote) and 2004 c 271 s 144.
Sec. 9 RCW 29A.52.111 and 2004 c 271 s 173 are each amended to
read as follows:
Candidates for the following offices shall be nominated at
primaries for partisan ((primaries)) offices 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.
Sec. 10 RCW 29A.52.112 and 2005 c 2 s 7 are each amended to read
as follows:
(1) A primary is a first stage in the public process by which
voters elect candidates to public office.
(2) Whenever candidates for a partisan office are to be elected,
the general election must be preceded by a primary conducted under this
chapter. Based upon votes cast at the primary, the top two candidates
will be certified as qualified to appear on the general election
ballot, unless only one candidate qualifies as provided in RCW
((29A.36.170)) 29A.36.171.
(3) For partisan office, ((if a candidate has expressed a party or
independent preference on the declaration of candidacy, then that
preference will be shown after the name of the candidate on the primary
and general election ballots by appropriate abbreviation as set forth
in rules of the secretary of state. A candidate may express no party
or independent preference. Any party or independent preferences are
shown for the information of voters only and may in no way limit the
options available to voters)) no expression of a party or independent
preference on the declaration of candidacy will be shown after the name
of the candidate on the primary ballot.
(4) The political party or independent candidacy of each candidate
for partisan office shall be indicated next to the name of the
candidate on the general election ballot. A candidate who is certified
to appear on the general election ballot shall file a written notice
with the filing officer designating the political party or independent
status to be indicated next to the candidate's name on the general
election ballot.
Sec. 11 RCW 29A.52.116 and 2004 c 271 s 139 are each amended to
read as follows:
((Major political party)) Candidates for all partisan elected
offices, except for president and vice president((, precinct committee
officer,)) and offices exempted from the primary under RCW
((29A.52.011)) 29A.52.111, must be ((nominated)) selected at primaries
held under this chapter.
Sec. 12 RCW 29A.52.141 and 2004 c 271 s 141 are each amended 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 for
partisan offices;
(3) Any notice of a ((partisan)) primary for partisan offices
published in compliance with RCW 29A.52.311;
(4) A sample ballot prepared by a county auditor under RCW
29A.36.151 for a ((partisan)) primary for partisan offices;
(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.
Sec. 13 RCW 29A.52.151 and 2004 c 271 s 142 are each amended to
read as follows:
(1) Under a consolidated ballot format((:)), votes for any candidate for a partisan race
will be tabulated and reported if cast by voters, regardless of the
voter's or the candidate's political party affiliation or preference.
(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;)) Only one ballot for partisan offices and one ballot for
nonpartisan offices may be voted; and
(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.
(b) Every eligible registered voter may vote one ballot for
partisan offices and one ballot for nonpartisan offices, regardless of
the voter's or the candidate's political party affiliation or
preference.
Sec. 14 RCW 29A.24.031 and 2004 c 271 s 158 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 standard 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;)) 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.24.091;
(4)
(((5))) (4) 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.24.091.
The secretary of state may require any other information on the
form he or she deems appropriate to facilitate the filing process.
Sec. 15 RCW 29A.36.011 and 2004 c 271 s 124 are each amended 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 RCW
29A.28.011)) candidates to withdraw under RCW 29A.24.131, 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((,)) and 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)).
Sec. 16 RCW 29A.36.101 and 2004 c 271 s 125 are each amended to
read as follows:
Except for the candidates for the positions of president and vice
president((, for a partisan or nonpartisan)) or an 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)) of the office for which they have filed.
Sec. 17 RCW 29A.36.121 and 2004 c 271 s 129 are each amended 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)) of 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.))
Sec. 18 RCW 29A.36.161 and 2004 c 271 s 132 are each amended 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.
Sec. 19 RCW 29A.36.171 and 2004 c 271 s 170 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)) office for which no primary was held, the
names of the candidates shall be listed in the order determined under
RCW 29A.36.131.
(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.
Sec. 20 RCW 29A.52.231 and 2004 c 271 s 174 are each amended to
read as follows:
((The)) All 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)) other than
president and vice president of the United States 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)).
Sec. 21 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 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
Sec. 22 RCW 29A.04.128 and 2004 c 271 s 152 are each amended to
read as follows:
"Primary" or "primary election" means a statutory procedure
conducted prior to a general election for ((nominating)) the purpose of
determining which of the candidates ((to)) for a public office ((at the
polls)) will appear on the subsequent general election ballot for that
office.
Sec. 23 RCW 29A.04.216 and 2004 c 271 s 104 are each amended 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 RCW 29A.04.321 and 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.
Sec. 24 RCW 29A.04.311 and 2006 c 344 s 1 are each amended to
read as follows:
((Nominating primaries)) 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 August.
Sec. 25 RCW 29A.04.611 and 2006 c 207 s 1 and 2006 c 206 s 2 are
each reenacted and amended to read as follows:
The secretary of state as chief election officer shall make
reasonable rules in accordance with chapter 34.05 RCW not inconsistent
with the federal and state election laws to effectuate any provision of
this title and to facilitate the execution of its provisions in an
orderly, timely, and uniform manner relating to any federal, state,
county, city, town, and district elections. To that end the secretary
shall assist local election officers by devising uniform forms and
procedures.
In addition to the rule-making authority granted otherwise by this
section, the secretary of state shall make rules governing the
following provisions:
(1) The maintenance of voter registration records;
(2) The preparation, maintenance, distribution, review, and filing
of precinct maps;
(3) Standards for the design, layout, and production of ballots;
(4) The examination and testing of voting systems for
certification;
(5) The source and scope of independent evaluations of voting
systems that may be relied upon in certifying voting systems for use in
this state;
(6) Standards and procedures for the acceptance testing of voting
systems by counties;
(7) Standards and procedures for testing the programming of vote
tallying software for specific primaries and elections;
(8) Standards and procedures for the preparation and use of each
type of certified voting system including procedures for the operation
of counting centers where vote tallying systems are used;
(9) Standards and procedures to ensure the accurate tabulation and
canvassing of ballots;
(10) Consistency among the counties of the state in the preparation
of ballots, the operation of vote tallying systems, and the canvassing
of primaries and elections;
(11) Procedures to ensure the secrecy of a voter's ballot when a
small number of ballots are counted at the polls or at a counting
center;
(12) The use of substitute devices or means of voting when a voting
device at the polling place is found to be defective, the counting of
votes cast on the defective device, the counting of votes cast on the
substitute device, and the documentation that must be submitted to the
county auditor regarding such circumstances;
(13) Procedures for the transportation of sealed containers of
voted ballots or sealed voting devices;
(14) The acceptance and filing of documents via electronic
facsimile;
(15) Voter registration applications and records;
(16) The use of voter registration information in the conduct of
elections;
(17) The coordination, delivery, and processing of voter
registration records accepted by driver licensing agents or the
department of licensing;
(18) The coordination, delivery, and processing of voter
registration records accepted by agencies designated by the governor to
provide voter registration services;
(19) Procedures to receive and distribute voter registration
applications by mail;
(20) Procedures for a voter to change his or her voter registration
address within a county by telephone;
(21) Procedures for a voter to change the name under which he or
she is registered to vote;
(22) Procedures for canceling dual voter registration records and
for maintaining records of persons whose voter registrations have been
canceled;
(23) Procedures for the electronic transfer of voter registration
records between county auditors and the office of the secretary of
state;
(24) Procedures and forms for declarations of candidacy;
(25) Procedures and requirements for the acceptance and filing of
declarations of candidacy by electronic means;
(26) Procedures for the circumstance in which two or more
candidates have a name similar in sound or spelling so as to cause
confusion for the voter;
(27) Filing for office;
(28) The order of positions and offices on a ballot;
(29) Sample ballots;
(30) Independent evaluations of voting systems;
(31) The testing, approval, and certification of voting systems;
(32) The testing of vote tallying software programming;
(33) Standards and procedures to prevent fraud and to facilitate
the accurate processing and canvassing of absentee ballots and mail
ballots, including standards for the approval and implementation of
hardware and software for automated signature verification systems;
(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 people and ((disabled
persons)) people with a disability;
(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))
primaries;
(48) Standards and procedures for the proper conduct of voting
during the early voting period to provide ((accessability))
accessibility 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);
(53) Facilitating the payment of local government grants to local
government election officers or vendors; and
(54) Standards for the verification of signatures on absentee,
mail, and provisional ballot envelopes.
Sec. 26 RCW 29A.08.161 and 2004 c 271 s 107 are each amended to
read as follows:
No ((record may be created or maintained by a)) state or local
((governmental)) agency, individual, or ((a political)) organization
may create or maintain any record 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)).
Sec. 27 RCW 29A.12.080 and 2006 c 207 s 2 are each amended to
read as follows:
No voting device shall be approved by the secretary of state unless
it:
(1) Secures to the voter secrecy in the act of voting;
(2) Permits the voter to vote for any person for any office and
upon any measure that he or she has the right to vote for;
(3) ((Permits the voter to vote for all the candidates of one
party;)) Correctly registers all votes cast for any and all persons
and for or against any and all measures;
(4)
(((5))) (4) Provides that a vote for more than one candidate cannot
be cast by one single operation of the voting device or vote tally
system except when voting for president and vice president of the
United States; and
(((6))) (5) Except for functions or capabilities unique to this
state, has been tested and certified by an independent testing
authority designated by the United States election assistance
commission.
Sec. 28 RCW 29A.20.021 and 2004 c 271 s 153 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) Except as provided in RCW 3.46.067 and 3.50.057, 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.
Sec. 29 RCW 29A.24.081 and 2004 c 271 s 159 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 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.
Sec. 30 RCW 29A.24.091 and 2006 c 206 s 3 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 filing fee 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 legislative or judicial office that includes territory from
only one county:
(a) The fee shall be paid to the county auditor if the candidate
filed his or her declaration of candidacy with the county auditor;
(b) The fee shall be paid to the secretary of state if the
candidate filed his or her declaration of candidacy with the secretary
of state. The secretary of state shall then promptly transmit the fee
to the county auditor of the county in which the legislative or
judicial office is located.
(3) 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. 31 RCW 29A.24.101 and 2006 c 206 s 4 are each amended to
read as follows:
(1) The filing fee petition authorized by RCW 29A.24.091 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 filing fee petition
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 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) .
(((3) For independent candidates and candidates of a minor
political party for partisan office, the filing fee petition 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 is
made) , hereby petition that the name of (candidate's name) be
printed on the official general election ballot for the office of
(insert name of office) .
Sec. 32 RCW 29A.24.131 and 2004 c 271 s 115 are each amended 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.
Sec. 33 RCW 29A.24.141 and 2004 c 271 s 162 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. 34 RCW 29A.24.151 and 2004 c 271 s 163 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 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. 35 RCW 29A.24.161 and 2004 c 271 s 164 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. 36 RCW 29A.24.171 and 2006 c 344 s 7 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 and by such other means as may now or
hereafter be provided by law whenever before the eleventh Tuesday prior
to a primary:
(1) ((A void in candidacy occurs;)) A vacancy occurs in any ((
(2)nonpartisan)) office leaving an
unexpired term to be filled by an election for which filings have not
been held; or
(((3))) (2) 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.
Sec. 37 RCW 29A.24.181 and 2006 c 344 s 8 are each amended to
read as follows:
Filings for ((a nonpartisan)) an 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)) the office occurs
on or after the eleventh Tuesday prior to a primary but prior to the
eleventh 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
eleventh Tuesday prior to a primary but prior to the eleventh 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. 38 RCW 29A.24.191 and 2006 c 344 s 9 are each amended 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
eleventh 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.24.181, 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 eleventh 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 eleventh Tuesday prior to an election.
Sec. 39 RCW 29A.24.211 and 2006 c 344 s 10 are each amended to
read as follows:
Filings for ((a partisan elective)) an 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 eleventh 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.
Sec. 40 RCW 29A.24.311 and 2004 c 271 s 117 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.24.091.
Votes cast for write-in candidates who have filed such declarations
of candidacy ((and write-in votes for persons appointed by major
political parties pursuant to RCW 29A.28.021)) 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 also 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
RCW 29A.24.031. 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. 41 RCW 29A.28.041 and 2006 c 344 s 12 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. ((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((,))
and 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 sixth
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
RCW 29A.20.131 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((,)) and 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.
Sec. 42 RCW 29A.28.061 and 2004 c 271 s 119 are each amended to
read as follows:
The general election laws and laws relating to ((partisan))
primaries shall apply to the special primaries and vacancy elections
provided for in 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 RCW
29A.04.611.
Sec. 43 RCW 29A.32.031 and 2004 c 271 s 121 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 for the offices of president and vice
president of the United States, and candidates for the offices of
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;)) 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 or
state presidential candidate nominating convention((
(6). 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))) (6) An application form for an absentee ballot;
(((8))) (7) A brief statement explaining the deletion and addition
of language for proposed measures under RCW 29A.32.080;
(((9))) (8) 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. 44 RCW 29A.32.241 and 2004 c 271 s 123 are each amended to
read as follows:
The local voters' pamphlet shall include but not be limited to the
following:
(1) Appearing on the cover, the words "official local voters'
pamphlet," the name of the jurisdiction producing the pamphlet, and the
date of the election or primary;
(2) A list of jurisdictions that have measures or candidates in the
pamphlet;
(3) Information on how a person may register to vote and obtain an
absentee ballot;
(4) The text of each measure accompanied by an explanatory
statement prepared by the prosecuting attorney for any county measure
or by the attorney for the jurisdiction submitting the measure if other
than a county measure. All explanatory statements for city, town, or
district measures not approved by the attorney for the jurisdiction
submitting the measure shall be reviewed and approved by the county
prosecuting attorney or city attorney, when applicable, before
inclusion in the pamphlet; and
(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
Sec. 45 RCW 29A.36.131 and 2004 c 271 s 130 are each amended to
read as follows:
After the close of business on the last day for candidates to file
for office, the filing officer shall, from among those filings made in
person and by mail, determine by lot the order in which the names of
those candidates will appear on all primary, sample, and absentee
ballots. The determination shall be done publicly and may be witnessed
by the media and by any candidate. If no primary is required for any
nonpartisan office under RCW 29A.52.011 or 29A.52.220, ((or if any
independent or minor party candidate files a declaration of
candidacy,)) the names shall appear on the general election ballot in
the order determined by lot.
Sec. 46 RCW 29A.36.151 and 2004 c 271 s 131 are each amended 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.))
Sec. 47 RCW 29A.40.061 and 2004 c 271 s 134 are each amended 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.
Sec. 48 RCW 29A.40.091 and 2005 c 246 s 21 are each amended to
read as follows:
The county auditor shall send each absentee voter a ballot, a
security envelope in which to seal the ballot after voting, a larger
envelope in which to return the security envelope, and instructions on
how to mark the ballot and how to return it to the county auditor.
((The instructions that accompany an absentee ballot for a partisan
primary must include instructions for voting the applicable ballot
style, as provided in chapter 29A.36 RCW.)) The absentee voter's name
and address must be printed on the larger return envelope, which must
also 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
declaration must clearly inform the voter that it is illegal to vote if
he or she is not a United States citizen; it is illegal to vote if he
or she has been convicted of a felony and has not had his or her voting
rights restored; and, except as otherwise provided by law, it is
illegal to cast a ballot or sign an absentee envelope on behalf of
another voter. 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. It must also contain a space so that the voter may
include a telephone number. 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. The return envelope must also have a secrecy
flap that the voter may seal that will cover the voter's signature and
optional telephone number. 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.
Sec. 49 RCW 29A.44.201 and 2004 c 271 s 136 are each amended 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.
Sec. 50 RCW 29A.44.221 and 2004 c 271 s 137 are each amended 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.
Sec. 51 RCW 29A.44.231 and 2004 c 271 s 138 are each amended 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.
Sec. 52 RCW 29A.44.410 and 2003 c 111 s 1134 are each amended to
read as follows:
(1) At least ten days prior to any primary or election, general or
special, the county auditor shall appoint one inspector and two judges
of election for each precinct (or each combination of precincts
temporarily consolidated as a single precinct for that primary or
election), other than those precincts designated as vote-by-mail
precincts pursuant to RCW 29A.48.010. ((Except as provided in
subsection (3) of this section, the persons appointed shall be among
those whose names are contained on the lists furnished under RCW
29A.44.430 by the chairpersons of the county central committees of the
political parties entitled to representation thereon.)) Such precinct
election officers, whenever possible, should be residents of the
precinct in which they serve.
(2) ((The county auditor may delete from the lists of names
submitted to the auditor by the chairpersons of the county central
committees under RCW 29A.44.430: (a) The names of those persons who
indicate to the auditor that they cannot or do not wish to serve as
precinct election officers for the primary or election or who otherwise
cannot so serve; and (b) the names of those persons who lack the
ability to conduct properly the duties of an inspector or judge of
election after training in that proper conduct has been made available
to them by the auditor. The lists which are submitted to the auditor
in a timely manner under RCW 29A.44.430, less the deletions authorized
by this subsection, constitute the official nomination lists for
inspectors and judges of election.)) Except as provided in RCW 29A.44.440 for the filling of
vacancies, this shall be the exclusive method for the appointment of
inspectors and judges to serve as precinct election officers at any
primary or election, general or special, and shall supersede the
provisions of any and all other statutes, whether general or special in
nature, having different requirements.
(3) If the number of persons whose names are on the official
nomination list for a political party is not sufficient to satisfy the
requirements of subsection (4) of this section as it applies to that
political party or is otherwise insufficient to provide the number of
precinct election officials required from that political party, the
auditor shall notify the chair of the party's county central committee
regarding the deficiency. The chair may, within five business days of
being notified by the auditor, add to the party's nomination list the
names of additional persons belonging to that political party who are
qualified to serve on the election boards. To the extent that,
following this procedure, the number of persons whose names appear on
the official nomination lists of the political parties is insufficient
to provide the number of election inspectors and judges required for a
primary or election, the auditor may appoint a properly trained person
whose name does not appear on such a list as an inspector or judge of
election for a precinct.
(4) The county auditor shall designate the inspector and one judge
in each precinct from that political party which polled the highest
number of votes in the county for its candidate for president at the
last preceding presidential election and one judge from that political
party polling the next highest number of votes in the county for its
candidate for president at the same election. The provisions of this
subsection apply only if the number of names on the official nomination
list for inspectors and judges of election for a political party is
sufficient to satisfy the requirements imposed by this subsection.
(5)
Sec. 53 RCW 29A.44.430 and 2003 c 111 s 1136 are each amended to
read as follows:
((The precinct committee officer of each major political party
shall certify to the officer's county chair a list of those persons
belonging to the officer's political party qualified to act upon the
election board in the officer's precinct.))
By the first day of June each year, the chair of the county central
committee of ((each major)) a political party ((shall)) may certify to
the officer having jurisdiction of the election a list of those persons
((belonging to the county chair's political party in each precinct))
who are qualified to ((act)) serve on the election boards ((therein.)) of that county.
The county chair shall compile this list from the names certified
by the various precinct committee officers unless no names or not a
sufficient number of names have been certified from a precinct, in
which event the county chair may include therein the names of qualified
members of the county chair's party selected by the county chair. The
county chair shall also have the authority to substitute names of
persons recommended by the precinct committee officers if in the
judgment of the county chair such persons are not qualified to serve as
precinct election officers
Sec. 54 RCW 29A.48.020 and 2004 c 266 s 15 are each amended to
read as follows:
At any nonpartisan special election not being held in conjunction
with a state primary or general election, the county, city, town, or
district requesting the election pursuant to RCW ((29A.04.320))
29A.04.321 or 29A.04.330 may also request that the special election be
conducted by mail ballot. The county auditor may honor the request or
may determine that the election is not to be conducted by mail ballot.
The decision of the county auditor in this regard is final.
For all special elections not being held in conjunction with a
state primary or state general election where voting is conducted by
mail ballot, the county auditor shall, not less than eighteen days
before the date of such election, mail to each registered voter a mail
ballot. The auditor shall handle inactive voters in the same manner as
inactive voters in mail ballot precincts. The requirements regarding
certification, reporting, and the mailing of overseas and military
ballots in RCW ((29.36.270)) 29A.40.070 apply to mail ballot elections.
Sec. 55 RCW 29A.48.060 and 2003 c 111 s 1206 are each amended to
read as follows:
All mail ballots authorized by RCW 29A.48.010, 29A.48.020, or
29A.48.030 must contain the same offices, names of nominees or
candidates, and propositions to be voted upon((, including precinct
offices,)) as if the ballot had been voted in person at the polling
place. Except as otherwise provided by law, mail ballots must be
treated in the same manner as absentee ballots issued at the request of
the voter. If electronic vote tallying devices are used, political
party observers must be given the opportunity to be present, and a test
of the equipment must be performed as required by RCW 29A.12.130 before
tabulating ballots. Political party observers may select at random
ballots to be counted manually as provided by RCW 29A.60.170.
Sec. 56 RCW 29A.52.011 and 2006 c 344 s 14 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
primary ((election)) shall be held in the odd-numbered year for that
office 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 ((
(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)a single nonpartisan)) that 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
primary ballot, but for the provisions of this section, shall be
printed as ((nominees)) candidates for the ((positions sought upon))
position on the ((November)) general election ballot.
Sec. 57 RCW 29A.52.210 and 2003 c 111 s 1305 are each amended to
read as follows:
All city and town primaries shall be nonpartisan. Primaries for
special purpose districts, except those districts that require
ownership of property within the district as a prerequisite to voting,
shall be nonpartisan. City, town, and district primaries shall be held
as provided in RCW ((29A.04.310)) 29A.04.311.
The purpose of this section is to establish the holding of a
primary, subject to the exemptions in RCW 29A.52.220, as a uniform
procedural requirement to the holding of city, town, and district
elections. These provisions supersede any and all other statutes,
whether general or special in nature, having different election
requirements.
Sec. 58 RCW 29A.52.220 and 2005 c 153 s 10 are each amended to
read as follows:
(1) No primary may be held for any single position ((in any city,
town, district, or district court,)) as required by RCW 29A.52.210((,))
if, after the last day allowed for candidates to withdraw, there are no
more than two candidates filed for the position. The county auditor
shall, as soon as possible, notify all the candidates so affected that
the office for which they filed will not appear on the primary ballot.
(2) No primary may be held for nonpartisan offices in any first
class city if the city:
(a) Is a qualifying city that has been certified to participate in
the pilot project authorized by RCW 29A.53.020; and
(b) Is conducting an election using the instant runoff voting
method for the pilot project authorized by RCW 29A.53.020.
(c) This subsection (2) expires July 1, 2013.
(3) No primary may be held for the office of commissioner of a park
and recreation district or for the office of cemetery district
commissioner.
(4) Names of candidates for offices that do not appear on the
primary ballot shall be printed upon the general election ballot in the
manner specified by RCW 29A.36.131.
Sec. 59 RCW 29A.52.311 and 2004 c 271 s 145 are each amended to
read as follows:
Not more than ten nor less than three days before the primary, the
county auditor shall publish notice of such primary in one or more
newspapers of general circulation within the county. The notice must
contain the ((proper party designations, the)) names and addresses of
all persons who have filed a declaration of candidacy to be voted upon
at that primary, instructions for voting 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.
Sec. 60 RCW 29A.52.351 and 2004 c 271 s 175 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)), the names and addresses of all ((officers who have been
nominated for an office)) candidates 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 election((s)).
Sec. 61 RCW 29A.60.221 and 2004 c 271 s 176 are each amended to
read as follows:
(1) If the requisite number of candidates for any federal, state,
county, city, or district offices have not ((been nominated in))
qualified at a primary to have their names appear on the general
election ballot 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 candidates for any federal, state,
county, city, or district((, or precinct officers)) offices 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. 62 RCW 29A.60.240 and 2003 c 111 s 1524 are each amended to
read as follows:
The secretary of state shall, as soon as possible but in any event
not later than the third Tuesday following the primary, canvass and
certify the returns ((of)) for all ((primary elections as to))
candidates for state offices, United States senators and
representatives in Congress, and all other candidates whose district
extends beyond the limits of a single county.
Sec. 63 RCW 29A.64.011 and 2004 c 271 s 177 are each amended to
read as follows:
((An officer of a political party or any)) Any person for whom
votes were cast in a primary who ((was not declared nominated)) did not
qualify to have his or her name printed on the subsequent 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)) 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. 64 RCW 29A.64.030 and 2005 c 243 s 20 are each amended to
read as follows:
An application for a recount shall state the office for which a
recount is requested and whether the request is for all or only a
portion of the votes cast in that jurisdiction of that office. The
person filing an application for a manual recount shall, at the same
time, deposit with the county canvassing board or secretary of state,
in cash or by certified check, a sum equal to twenty-five cents for
each ballot cast in the jurisdiction or portion of the jurisdiction for
which the recount is requested as security for the payment of any costs
of conducting the recount. If the application is for a machine
recount, the deposit must be equal to fifteen cents for each ballot.
These charges shall be determined by the county canvassing board or
boards under RCW 29A.64.081.
The county canvassing board shall determine the date, time, and
place or places at which the recount will be conducted. Not less than
two days before the date of the recount, the county auditor shall mail
a notice of the time and place of the recount to the applicant ((or
affected parties)) and, if the recount involves an office, to any
person for whom votes were cast for that office. The county auditor
shall also notify the ((affected parties)) applicant and other persons
by either telephone, fax, e-mail, or other electronic means at the time
of mailing. At least three attempts must be made over a two-day period
to notify the ((affected parties)) applicant and other persons or until
the ((affected parties)) applicant and other persons have received the
notification. Each attempt to notify ((affected parties)) the
applicant and other persons must request a return response indicating
that the notice has been received. Each person entitled to receive
notice of the recount may attend, witness the recount, and be
accompanied by counsel.
Proceedings of the canvassing board are public under chapter 42.30
RCW. Subject to reasonable and equitable guidelines adopted by the
canvassing board, all interested persons may attend and witness a
recount.
Sec. 65 RCW 36.16.110 and 2003 c 238 s 1 are each amended to read
as follows:
The county legislative authority in each county shall, at its next
regular or special meeting after being appraised of any vacancy in any
county, township, precinct, or road district office of the county, fill
the vacancy by the appointment of some person qualified to hold such
office, and the officers thus appointed shall hold office until the
next general election, and until their successors are elected and
qualified.
If a vacancy occurs in a partisan county office after the general
election in a year that the position appears on the ballot and before
the start of the next term, the term of the successor who is of the
same party as the incumbent may commence once he or she has qualified
as defined in RCW ((29.01.135)) 29A.04.133 and shall continue through
the term for which he or she was elected.
Sec. 66 RCW 36.16.115 and 1981 c 180 s 3 are each amended to read
as follows:
Where a vacancy occurs in any ((partisan)) county elective office,
other than a member of the county legislative authority, the county
legislative authority may appoint an employee that was serving as a
deputy or assistant in such office at the time the vacancy occurred as
an acting official to perform all necessary duties to continue normal
office operations. The acting official will serve until a successor is
either elected or appointed as required by law. This section does not
apply to any vacancy occurring in a charter county ((which)) that has
charter provisions inconsistent with this section.
Sec. 67 RCW 36.32.0558 and 2003 c 238 s 2 are each amended to
read as follows:
Vacancies on a board of county commissioners consisting of five
members shall be filled as provided in RCW 36.32.070, except that:
(1) Whenever there are three or more vacancies, the governor shall
appoint one or more commissioners until there are a total of three
commissioners;
(2) Whenever there are two vacancies, the three commissioners shall
fill one of the vacancies;
(3) Whenever there is one vacancy, the four commissioners shall
fill the single vacancy; and
(4) Whenever there is a vacancy after the general election in a
year that the position appears on the ballot and before the start of
the next term, the term of the successor who is of the same party as
the incumbent may commence once he or she has qualified as defined in
RCW ((29.01.135)) 29A.04.133 and shall continue through the term for
which he or she was elected.
Sec. 68 RCW 36.32.070 and 2003 c 238 s 3 are each amended to read
as follows:
Whenever there is a vacancy in the board of county commissioners,
except as provided in RCW 36.32.0558, it shall be filled as follows:
(1) If there are three vacancies, the governor of the state shall
appoint two of the officers. The two commissioners thus appointed
shall then meet and select the third commissioner. If the two
appointed commissioners fail to agree upon selection of the third after
the expiration of five days from the day they were appointed, the
governor shall appoint the remaining commissioner.
(2) Whenever there are two vacancies in the office of county
commissioner, the governor shall appoint one commissioner, and the two
commissioners then in office shall appoint the third commissioner. If
they fail to agree upon a selection after the expiration of five days
from the day of the governor's appointment, the governor shall appoint
the third commissioner.
(3) Whenever there is one vacancy in the office of county
commissioner, the two remaining commissioners shall fill the vacancy.
If the two commissioners fail to agree upon a selection after the
expiration of five days from the day the vacancy occurred, the governor
shall appoint the third commissioner.
(4) Whenever there is a vacancy in the office of county
commissioner after the general election in a year that the position
appears on the ballot and before the start of the next term, the term
of the successor who is of the same party as the incumbent may commence
once he or she has qualified as defined in RCW ((29.01.135)) 29A.04.133
and shall continue through the term for which he or she was elected.
NEW SECTION. Sec. 69 The following acts or parts of acts are
each repealed:
(1) RCW 29A.24.210 (Vacancy in partisan elective office -- Special
filing period) and 2003 c 111 s 621;
(2) RCW 29A.28.011 (Major party ticket) and 2004 c 271 s 191;
(3) RCW 29A.28.071 (Precinct committee officer) and 2004 c 271 s
120;
(4) RCW 29A.32.036 (Even year primary contents) and 2004 c 271 s
122;
(5) RCW 29A.36.104 (Partisan primary ballots--Formats) and 2004 c
271 s 126;
(6) RCW 29A.36.106 (Partisan primary ballots--Required statements)
and 2004 c 271 s 127;
(7) RCW 29A.36.191 (Partisan candidates qualified for general
election) and 2004 c 271 s 133;
(8) RCW 29A.52.106 (Intent) and 2004 c 271 s 140;
(9) RCW 29A.52.321 (Certification of nominees) and 2004 c 271 s
146;
(10) RCW 29A.80.011 (Authority--Generally) and 2004 c 271 s 183;
(11) RCW 29A.80.020 (State committee) and 2003 c 111 s 2002, 1987
c 295 s 11, 1972 ex.s. c 45 s 1, & 1965 c 9 s 29.42.020;
(12) RCW 29A.80.030 (County central committee -- Organization
meetings) and 2003 c 111 s 2003, 1987 c 295 s 12, 1973 c 85 s 1, 1973
c 4 s 5, & 1965 c 9 s 29.42.030;
(13) RCW 29A.80.041 (Precinct committee officer, eligibility) and
2004 c 271 s 148;
(14) RCW 29A.80.051 (Precinct committee officer--Election--Term)
and 2004 c 271 s 149; and
(15) RCW 29A.80.061 (Legislative district chair--Election--Term--Removal) and 2004 c 271 s 150.
NEW SECTION. Sec. 70 Standing to challenge the constitutionality
of this act in a court of law shall be limited to the statewide party
chairs of political parties in the state of Washington. If the
statewide chair of a political party in the state of Washington
challenges any part of sections 1 through 8 of this act in a court of
law, sections 9 through 69 of this act take effect immediately upon
such challenge being filed.
NEW SECTION. Sec. 71 Subheadings used in this act are not any
part of the law.
NEW SECTION. Sec. 72 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.