BILL REQ. #:  H-3965.1 

READ FIRST TIME 01/31/12.   

     AN ACT Relating to partisan elections; amending RCW 29A.24.311 and 29A.80.051; adding a new section to chapter 29A.52 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The United States district court, western district of Washington, ruled that Washington's method of electing political party precinct committee officers is unconstitutional based on the associational rights of political parties. Washington has included the election of precinct committee officers on the primary ballot that allows voters to select those precinct committee officers regardless of the party affiliation of the voter. The court concluded that this method of electing precinct committee officers is unconstitutional because it allows nonparty members to vote for officers of the political parties. Therefore, it is the intent of the legislature to remedy the unconstitutional method of selecting precinct committee officers by requiring voters to affiliate with the appropriate party in order to vote for a race for precinct committee officer. The legislature finds that the office of precinct committee officer itself is both a constitutionally recognized and authorized office.

Sec. 2   RCW 29A.24.311 and 2011 c 349 s 13 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 ballots must be mailed according to RCW 29A.40.070. 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 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;
     (4) The office filed for is committee precinct officer.

NEW SECTION.  Sec. 3   A new section is added to chapter 29A.52 RCW to read as follows:
     (1) The office of precinct committee officer must be voted upon at the primary election in each even-numbered year. If no one files for the office, the office shall be filled in accordance with RCW 29A.28.071.
     (2) The ballot format may be either a consolidated ballot or a physically separate ballot.
     (a) If a consolidated ballot is used, a race for precinct committee officer must be clearly delineated from other races on the ballot. A voter's affiliation with a major political party is inferred from selecting that party in the check-off box. A vote cast for precinct committee officer may only be tabulated and reported if the voter affiliated with that same political party by checking the appropriate box. Instructions must indicate that only those voters who affiliate with a major political party may vote for precinct committee officer candidates of that same major political party.
     (b) If a physically separate ballot is used, it must be distinguishable from the top two primary ballot and must include instructions to the voter indicating that the office of precinct committee officer is a partisan election and that the voter may vote only for the precinct committee officer of the party that he or she wishes to affiliate. A voter's affiliation with a major political party is inferred from selecting that party in the check-off box included on the ballot. The return envelope for the partisan ballot must include the same declaration and information, including a space for a return address, required pursuant to RCW 29A.40.091. The county auditor must compile a list of the names of voters who returned a partisan ballot, separated by precinct, for each major political party.
     (3) A vote cast for a major political party candidate will only be tabulated and reported if cast by a voter who affiliated with that same major political party by checking the appropriate box and voting for the candidate or candidates of that party.

Sec. 4   RCW 29A.80.051 and 2004 c 271 s 149 are each amended to read as follows:
     The statutory requirements for filing as a candidate at the primaries apply to candidates for precinct committee officer. The office must be voted upon at the primaries, and the names of all candidates must appear under the proper party and office designations on the ballot for the primary for each even-numbered year((, and the one)). The candidate receiving the highest number of votes will be declared elected. ((However, to be declared elected, a candidate must receive at least ten percent of the number of votes cast for the candidate of the candidate's party receiving the greatest number of votes in the precinct.)) The term of office of precinct committee officer is two years, commencing the first day of December following the primary.

NEW SECTION.  Sec. 5   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 6   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.