BILL REQ. #:  H-0953.1 

READ FIRST TIME 02/15/13.   

     AN ACT Relating to candidate names on the primary ballot; amending RCW 29A.36.131; reenacting and amending RCW 29A.36.170; and repealing RCW 29A.52.010, 29A.52.011, and 29A.52.220.

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

Sec. 1   RCW 29A.36.131 and 2011 c 10 s 32 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 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. 2   RCW 29A.36.170 and 2005 c 2 s 6 and 2003 c 111 s 917 are each reenacted and amended to read as follows:
     (1) ((For any office for which a primary was held, only)) The names of the top two candidates qualified at the preceding primary will appear on the general election ballot; the name of the candidate who received the greatest number of votes will appear first and the candidate who received the next greatest number of votes will appear second. 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((, if a primary was conducted. On the ballot at the general election for an office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW 29A.36.130)).
     (2) 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 for that position on the ballot at the general election.

NEW SECTION.  Sec. 3   The following acts or parts of acts are each repealed:
     (1) RCW 29A.52.010 (Elections to fill unexpired term -- No primary, when) and 2005 c 2 s 13 & 2003 c 111 s 1301;
     (2) RCW 29A.52.011 (Elections to fill unexpired term--No primary, when) and 2006 c 344 s 14 & 2004 c 271 s 172; and
     (3) RCW 29A.52.220 (When no local primary permitted -- Procedure--Expiration of subsection) and 2005 c 153 s 10 & 2003 c 111 s 1306.