BILL REQ. #:  H-1456.1 

Read first time 02/07/11.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to partisan elections; amending RCW 29A.04.216, 29A.20.021, 29A.24.031, 29A.24.091, 29A.24.131, 29A.28.071, 29A.36.151, 29A.56.020, 29A.80.041, and 29A.80.051; reenacting and amending RCW 29A.40.061; adding a new section to chapter 29A.80 RCW; creating a new section; and recodifying RCW 29A.28.071.

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 moving the election of those officers to the presidential primary, a partisan election where voters choose to affiliate with the party of their choice.

Sec. 2   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. 3   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) 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. 4   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 declaration of candidacy form ((for the office of precinct committee officer and a separate standard form)) for candidates for all ((other)) offices filing under this chapter. Included on the standard form shall be:
     (1) A place for the candidate to declare that he or she is a registered voter within the jurisdiction of the office for which he or she is filing, and the address at which he or she is registered;
     (2) A place for the candidate to indicate the position for which he or she is filing;
     (3) A place for the candidate to indicate a party designation, if applicable;
     (4) A place for the candidate to indicate the amount of the filing fee accompanying the declaration of candidacy or for the candidate to indicate that he or she is filing a nominating petition in lieu of the filing fee under RCW 29A.24.091;
     (5) A place for the candidate to sign the declaration of candidacy, stating that the information provided on the form is true and swearing or affirming that he or she will support the Constitution and laws of the United States and the Constitution and laws of the state of Washington.
     In the case of a declaration of candidacy filed electronically, submission of the form constitutes agreement that the information provided with the filing is true, that he or she will support the Constitutions and laws of the United States and the state of Washington, and that he or she agrees to electronic payment of the filing fee established in RCW 29A.24.091.
     The secretary of state may require any other information on the form he or she deems appropriate to facilitate the filing process.

Sec. 5   RCW 29A.24.091 and 2009 c 106 s 2 are each amended to read as follows:
     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 ((precinct committee officer or)) 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 statewide office, the United States senate, or the United States house of representatives, the fee shall be paid to the secretary of state;
     (2) 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;
     (3) A legislative or judicial office that includes territory from only one county, the fee shall be paid to the county auditor;
     (4) 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. 6   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. 7   RCW 29A.28.071 and 2004 c 271 s 120 are each amended to read as follows:
     If a vacancy occurs in the office of precinct committee officer by reason of death, resignation, or disqualification of the incumbent, or because of failure to elect, the respective county chair of the county central committee shall fill the vacancy by appointment. However, in a legislative district having a majority of its precincts in a county with a population of one million or more, the appointment may be made only upon the recommendation of the legislative district chair. The person so appointed must have the same qualifications as candidates when filing for election to the office for that precinct. When a vacancy in the office of precinct committee officer exists because of failure to elect at a ((state)) presidential primary, the vacancy may not be filled until after the organization meeting of the county central committee and the new county chair has been selected as provided by RCW 29A.80.030. Precinct committee officers appointed after the election but before the central committee organization meeting may participate as a precinct committee officer except for those duties specifically outlined in Article II, section 15 of the state Constitution.

Sec. 8   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. 9   RCW 29A.40.061 and 2009 c 415 s 6 and 2009 c 369 s 38 are each reenacted and 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) The county auditor shall mail all ((absentee)) ballots and related material to overseas and service voters under 39 U.S.C. 3406. If candidate and ballot measure information is available on the web site of the county auditor or secretary of state, the county auditor shall provide the appropriate web site information with the ballot materials.

Sec. 10   RCW 29A.56.020 and 2003 c 111 s 1402 are each amended to read as follows:
     (1) On the fourth Tuesday in May of each year in which a president of the United States is to be nominated and elected, a presidential primary shall be held, subject to the provisions of subsection (2) of this section, at which voters may vote for the nominee of a major political party for the office of president. The secretary of state may propose an alternative date for the primary no later than the first day of August of the year before the year in which a president is to be nominated and elected.
     (2) No later than the first day of September of the year before the year in which a presidential nominee is selected, the major political parties must notify the secretary of state of the parties' decisions regarding allocation of their delegates to the national nominating convention. A presidential primary may only be held if both parties agree to use only the results of the presidential primary election for allocation of their delegates. If a presidential primary is not held, the parties must elect their precinct committee officers by means other than the presidential primary. If a presidential primary is held under the conditions of this subsection, the state committees of ((any)) the major political ((party that will use the primary results for candidates of that party)) parties may propose an alternative date for that primary.
     (3) If an alternative date is proposed under subsection (1) or (2) of this section, a committee consisting of the chair and the vice chair of the state committee of each major political party, the secretary of state, the majority leader and minority leader of the senate, and the speaker and the minority leader of the house of representatives shall meet and, if affirmed by a two-thirds vote of the members of the committee, the date of the primary shall be changed. The committee shall meet and decide on the proposed alternate date not later than the first day of October of the year before the year in which a presidential nominee is selected. The secretary of state shall convene and preside over the meeting of the committee. A committee member other than a legislator may appoint, in writing, a designee to serve on his or her behalf. A legislator who is a member of the committee may appoint, in writing, another legislator to serve on his or her behalf.
     (4) If an alternate date is approved under this section, the secretary of state shall adopt rules under RCW 29A.04.620 to adjust the deadlines in RCW 29A.56.030 and related provisions of this chapter to correspond with the date that has been approved.

Sec. 11   RCW 29A.80.041 and 2009 c 106 s 3 are each amended to read as follows:
     Any member of a major political party who is a registered voter in the precinct may file his or her declaration of candidacy as prescribed under RCW ((29A.24.031)) 29A.80.051 with the county auditor for the office of precinct committee officer of his or her party in that precinct. When elected at the presidential primary, the precinct committee officer shall serve so long as the committee officer remains an eligible voter in that precinct.

Sec. 12   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 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.))
     (1) Subject to the provisions of RCW 29A.56.020, the office of precinct committee officer must be voted upon at the presidential primary.
     (2) Candidates for precinct committee officer must file a declaration of candidacy, as provided by the secretary of state, with the appropriate county auditor. The filing period for the office begins on the Monday ten weeks before the primary and ends on Friday at 5 p.m. of that same week. There is no filing fee for this office. The county auditor must provide daily, by precinct, an online list of candidates who have filed for the office.
     (3) The filing officer may permit the withdrawal of a filing at the request of the candidate at any time if the ballots for that precinct have not been printed.
     (4) The names of all candidates must appear under the proper party and office designations on the ballot for the appropriate precinct. The candidate receiving the highest number of votes shall be declared elected.
     (5) If only one candidate files for a position, that candidate shall be deemed elected and his or her name will not appear on the presidential primary ballot. No write-in candidacies may be allowed in cases where only one candidate has filed for a position.
     (6) If no one has filed for the office after the filing period for the office has ended, any person who meets the qualifications for the office may file as a write-in candidate by submitting a write-in candidate's form in person at the county election official's office at least one week before the election.
     (7) The term of office for precinct committee officer is four years, commencing the first day of December following the presidential primary. However, the elected candidate shall take office immediately if a vacancy exists in the office.

NEW SECTION.  Sec. 13   RCW 29A.28.071 is recodified as a section in chapter 29A.80 RCW.