HOUSE BILL REPORT

HB 1770

BYRepresentatives Fisher, Hankins, Basich, Lewis, Taylor, Day, Belcher, Holland, Wang, Pruitt, Winsley and Schoon;by request of Secretary of State

Establishing a presidential preference primary.

House Committe on Constitution, Elections & Ethics

Majority Report:  Do pass with amendment.  (4)

      Signed by Representatives Fisher, Chair; Pruitt, Vice Chair; Leonard and Sanders.

House Staff:Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON CONSTITUTION, ELECTIONS & ETHICS

FEBRUARY 4, 1988

BACKGROUND:

In Presidential election years, delegates from this state to the national nominating conventions of the major political parties are selected, in large measure, through the caucus and convention systems of the parties.

A primary may be either open or closed.  Closed primaries limit access to a party's primary ballot to registered members of that political party.  Open primaries vary considerably from those that require a recorded pledge of support or preference for a party to "blanket" primaries which do not require party preference to be expressed or recorded.  Primaries for partisan elective offices in this state are conducted as blanket primaries.  In a 1981 decision, the U. S. Supreme Court held that if a state opens its Presidential preference primary to voters who do not publicly declare their party affiliation, it cannot require its delegates to a national party convention to vote there in accordance with the primary results, if to do so would violate the rules of the national party.

SUMMARY:

AMENDED BILL:  In each Presidential election year, a Presidential preference primary is to be held at which the voters may express their choice from among major party candidates.

Delegates and alternates to the national nominating convention of a major party are selected by the party's state convention.  Except where the rules of the national committee of the party specifically provide otherwise, the delegates and alternates to such a national convention who are selected by the state convention of the party must be allotted to the candidates of that party for the office President based upon the results of the Presidential preference primary.  These delegates and alternates are allotted as follows:  (1) the total number of the delegates and alternates must be divided equally among the Congressional districts of the state; and (2) the delegates and alternates in each district must be allotted to the candidates of that party for the office of President based upon the results of the Presidential primary in the district.

The Legislature must establish a procedure by which candidates qualify to have their names appear on the ballot and must specify other necessary procedures.  The Secretary of State may adopt rules to facilitate the implementation of this primary procedure.

The bill contains a referendum clause and will be submitted to the voters at the next general election.

AMENDED BILL COMPARED TO ORIGINAL:  The substitute bill specifies that, when delegates are allocated to candidates for President based upon the results of the Presidential primary, the total number of the delegates and alternates selected must first be divided equally among the Congressional districts.

Effective Date:The bill takes effect on January 1, 1990, if adopted by the voters.

Fiscal Note:      Requested January 26, 1988.

House Committee ‑ Testified For:    Ralph Munro, Secretary of State.

House Committee - Testified Against:      John Meyers, Washington State Republican Party.

House Committee - Testimony For:    (1) The bill allows the public to decide whether a Presidential primary will be established in this state.  (2) The consequences previously predicted for this state if it failed to establish a Presidential primary have been experienced as predicted: the Pacific Northwest has been largely ignored by the Presidential candidates and those who have visited have not addressed any Washington state issues. (3) The divisive nature of the caucus system has been demonstrated already this campaign in Michigan and Hawaii.

House Committee - Testimony Against:      (1) The Presidential primaries that have been successful are those held to nominate candidates for all offices, not just for the office of President.  (2)  The Iowa caucus system demonstrates that timing, not the nature of the nominating process, is important in gaining the attention of the candidates. (3) Delegates to a national convention should not be selected based upon a 30 second advertisement for a candidate. (4) Several Presidential candidates have visited this state even without a primary.