FIRST SPECIAL LEGISLATIVE SESSION

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TWENTY FIRST DAY

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House Chamber, Olympia, Tuesday, May 15, 2001

The House was called to order at 10:00 a.m. by the Speaker (Representative Ogden presiding). The Clerk called the roll and a quorum was present.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Stacie Patterson and Holly Chisa. The Speaker (Representative Ogden presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Representative Ruth Fisher.

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

MESSAGE FROM THE SENATE

May 14, 2001

Mr. Speakers:

The Senate has passed:

ENGROSSED SENATE BILL NO. 6183,

and the same is herewith transmitted.

Tony M. Cook, Secretary

Speaker Chopp assumed the chair.

INTRODUCTION & FIRST READING

HB 2259 by Representatives Rockefeller, Eickmeyer, Lantz, Jackley and Haigh

AN ACT Relating to clarifying that a court may not suspend more than one-half of a fine that is imposed on violators of disabled parking or disabled parking permits; and amending RCW 46.16.381.

Held on 1st Reading.

HB 2260 by Representatives Cairnes, Morris, Kessler, Linville, McMorris, Doumit, Anderson, Hatfield, Poulsen, Crouse, Veloria, Benson, DeBolt, Reardon, Ericksen, Armstrong, Dunshee, Mastin and Delvin

AN ACT Relating to the taxation of grocery distribution cooperatives; amending RCW 82.04.270; adding a new section to chapter 82.04 RCW; creating a new section; providing an effective date; and declaring an emergency.

Held on First Reading.

HB 2261 by Representatives Van Luven, Edwards, Cairnes, Cody and Campbell

AN ACT Relating to the taxation of organ procurement and transplanting activities; amending RCW 82.04.324; creating a new section; and declaring an emergency.

Held on 1st Reading.

HB 2262 by Representatives Lambert, Sommers, Talcott and Kessler

AN ACT Relating to sexual misconduct with a minor; amending RCW 9A.44.093 and 9A.44.096; and prescribing penalties.

Held on First Reading.

HB 2263 by Representatives Schual-Berke, Doumit, Haigh, Kenney, McIntire, Tokuda, Fisher, Fromhold, Hurst, Veloria, Hunt, Edmonds, Wood, Kagi and Quall

AN ACT Relating to funding for traffic safety education; amending RCW 46.20.055 and 46.68.041; and reenacting and amending RCW 46.20.120.

Held on First Reading.

HB 2264 by Representatives Cody, Alexander, Romero, Skinner, Schual-Berke and Ballasiotes

AN ACT Relating to mental health service performance measures; adding new sections to chapter 71.24 RCW; and creating a new section.

Held on First Reading.

HB 2265 by Representatives Ogden and Talcott

AN ACT Relating to an open private choice primary; amending RCW 29.01.090, 29.04.180, 29.27.020, 29.27.030, 29.30.005, 29.30.025, 29.30.095, 29.30.101, 29.33.320, 29.36.045, 29.42.010, 29.42.050, 29.42.070, and 42.17.020; adding a new section to chapter 29.07 RCW; adding new sections to chapter 29.30 RCW; adding new sections to chapter 29.15 RCW; adding a new section to chapter 29.42 RCW; adding a new section to chapter 29.81A RCW; adding a new chapter to Title 29 RCW; creating new sections; repealing RCW 29.18.010, 29.18.120, 29.18.150, 29.18.160, 29.18.200, and 29.30.040; providing an expiration date; and declaring an emergency.

Held on First Reading.

ESB 6183 by Senators Snyder, Swecker, Kohl-Welles, Roach, Prentice, Horn, Jacobsen, Stevens, Constantine and Kline

AN ACT Relating to revising primary election law.

There being no objection, Engrossed Senate Bill No. 6183 was read the first time, the rules were suspended and the bill was placed on the Second Reading calendar.

SECOND READING

ENGROSSED SENATE BILL NO. 6183, By Senators Snyder, Swecker, Kohl-Welles, Roach, Prentice, Horn, Jacobsen, Stevens, Constantine and Kline

Revising primary election law.

The bill was read the second time.

Representative Ogden moved the adoption of the following striking amendment (228):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. It is the intent of the legislature to create a primary for all partisan elected offices, except for president and vice president, precinct committee officer, and offices exempted from the primary under RCW 29.15.150, that:

(1) Allows each voter, including those who choose not to affiliate with any major political party, to participate;

(2) Preserves the privacy of each voter's party affiliation, if any;

(3) Rejects mandatory voter registration by political party;

(4) Protects ballot access for minor political party and independent candidates;

(5) Maintains a candidate's right to self-identify with any major political party; and

(6) Upholds a political party's First Amendment right of association.

Sec. 2. RCW 29.01.090 and 1977 ex.s. c 329 s 9 are each amended to read as follows:

"Major political party" means a political party of which at least one nominee for president, vice president, United States senator, or a statewide office received at least five percent of the total vote cast at the last preceding state general election in an even-numbered year((: PROVIDED, That any political party qualifying as a major political party under the previous subsection (2) or subsection (3) of this section prior to its 1977 amendment shall retain such status until after the next state general election following June 30, 1977)). However, a political party of which no nominee received at least ten percent of the total vote cast may forgo its status as a major political party by filing with the secretary of state an appropriate party rule within sixty days of attaining major party status under this section or thirty days of the effective date of this act, whichever is later.

NEW SECTION. Sec. 3. A new section is added to chapter 29.07 RCW to read as follows:

Under no circumstances may an individual be required to affiliate with, join, adhere to, express faith in, or declare a preference for, a political party or organization upon registering to vote.

NEW SECTION. Sec. 4. Candidates for all partisan elected offices, except for president and vice president, precinct committee officer, and offices exempted from the primary under RCW 29.15.150, will be nominated at primaries held under this chapter.

NEW SECTION. Sec. 5. So far as applicable, the provisions of this title relating to conducting general elections govern the conduct of primaries.

NEW SECTION. Sec. 6. A new section is added to chapter 29.30 RCW to read as follows:

Each primary ballot that includes one or more partisan offices must include a party identification checkoff box that allows a voter to select the party with which the voter chooses to affiliate from a list of the major political parties, or the option to indicate that the voter chooses not to affiliate with any major political party. If a voter makes no selection or selects more than one option, then the voter is presumed to have selected the option indicating that the voter chooses not to affiliate with any major political party.

NEW SECTION. Sec. 7. A new section is added to chapter 29.30 RCW to read as follows:

The party identification checkoff box required under section 6 of this act must appear on the primary ballot before the names of candidates and ballot measures. Clear and concise instructions to the voter must be prominently displayed immediately before the list of major political parties, and must include:

(1) A question asking the voter to indicate the major political party, if any, with which the voter chooses to affiliate;

(2) A statement indicating that votes cast for a candidate who indicated a major political party designation when filing a declaration of candidacy by a voter who chooses to affiliate with a different major political party will not be tabulated or reported;

(3) An explanation, for each major political party, of whether or not votes cast by a voter who chooses not to affiliate with any major political party will be used to determine the major political party's nominees; and

(4) A statement that the party identification option will not affect votes cast for minor political party and independent candidates, candidates for nonpartisan office, and ballot measures.

NEW SECTION. Sec. 8. 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 provided on the voter's ballot, including the choice that the voter makes regarding political party affiliation.

NEW SECTION. Sec. 9. (1) A major political party may choose by rule adopted under chapter 29.42 RCW, to allow voters who choose not to affiliate with any major political party to cast votes that will be used to determine the major political party's nominees. The rule may only be made on a statewide basis and with respect to all of the votes cast by unaffiliated voters rather than with respect to votes cast in specific districts, in specific races, or for specific candidates.

(2) A major political party that has adopted a rule under subsection (1) of this section may repeal that rule at any time. However, the effect of the repeal is subject to the time requirements of subsection (6) of this section.

(3) A major political party shall provide the secretary of state with written notification of an action taken under this section before the end of the first business day that immediately follows the day during which the action is taken.

(4) If a major political party adopts an appropriate rule under subsection (1) of this section, then the major political party's nominee will be the candidate who receives a plurality of votes from the aggregation of votes cast by voters who choose to affiliate with that major political party and votes cast by voters who choose not to affiliate with any major political party.

(5) Unless a major political party adopts a rule under subsection (1) of this section, or if a rule so adopted is repealed under subsection (2) of this section, then the major political party's nominee will be the candidate who receives a plurality of votes cast by voters who choose to affiliate with that major political party.

(6) The adoption of a rule under subsection (1) of this section or the repeal of the rule under subsection (2) of this section must occur on or before July 1st in order to be in effect at any primary conducted between September 1st of the same year and August 30th of the following year.

(7) The decision by a major political party to accept votes cast by voters who choose not to affiliate with any major political party does not affect the rights of any other major political party.

NEW SECTION. Sec. 10. For each major political party, prominent notification regarding whether or not the major political party will allow voters who choose not to affiliate with any major political party to participate in the major political party's nomination process must be made, at the very least, in:

(1) Any primary voters' pamphlet prepared by the secretary of state or a local government;

(2) Instructions that accompany any ballot sent by a county auditor to an absentee voter;

(3) Any notice of primary published in compliance with RCW 29.27.030;

(4) A sample ballot prepared by a county auditor under RCW 29.30.060;

(5) The content of the web site of the office of the secretary of state; and

(6) The content of each county auditors' web site that is in existence.

NEW SECTION. Sec. 11. Votes cast by a voter who chooses to affiliate with a major political party for a candidate who indicated a different major political party designation when filing a declaration of candidacy may not be tabulated. However, votes cast by that voter for candidates for other offices are not affected in any way.

NEW SECTION. Sec. 12. (1) All votes cast for a candidate who indicated a major political party designation when filing a declaration of candidacy by voters who choose to affiliate with that major political party must be tabulated and reported separately from any other votes cast for that candidate.

(2) All votes cast for a candidate who indicated a major political party designation when filing a declaration of candidacy by voters who choose not to affiliate with any major political party must be tabulated and reported separately from any other votes cast for that candidate.

NEW SECTION. Sec. 13. The secretary of state as chief election officer shall adopt rules under chapter 34.05 RCW to facilitate the operation, accomplishment, and purpose of this chapter.

Sec. 14. RCW 29.04.180 and 1999 c 157 s 1 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, if the jurisdiction of the office sought is entirely within one county, file a declaration of candidacy with the county auditor not later than the day before the primary or election. If the jurisdiction of the office sought encompasses more than one county the declaration of candidacy shall be filed with the secretary of state 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 29.15.050.

Votes cast for write-in candidates who have filed such declarations of candidacy and write-in votes for persons appointed by political parties ((pursuant to RCW 29.18.160)) under section 16 of this act 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 applicable. In order for write-in votes to be valid in jurisdictions employing optical-scan mark sense ballot systems the voter must complete the proper mark next to the write-in line for that office.

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 29.15.010. No write-in candidate filing under RCW 29.04.180 may be included in any voter's pamphlet produced under chapter ((29.80)) 29.81 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 29.81A RCW may provide by ordinance, for the inclusion of write-in candidates in such pamphlets.

NEW SECTION. Sec. 15. A new section is added to chapter 29.15 RCW to read as follows:

If a place on the ticket of a major political party is vacant because no person has filed for nomination as the candidate of that major political party after the last day allowed for candidates to withdraw under RCW 29.15.120, and if the vacancy is for a state or county office to be voted on solely by the electors of a single county, the county central committee of the major political party may select and certify a candidate to fill the vacancy. If the vacancy is for any other office the state central committee of the major political party may select and certify a candidate to fill the vacancy. The certificate must set forth the cause of the vacancy, the name of the person nominated, the office for which nominated, and other pertinent information required in an ordinary certificate of nomination and be filed in the proper office no later than the first Friday after the last day allowed for candidates to withdraw, together with the candidate's fee applicable to that office and a declaration of candidacy.

NEW SECTION. Sec. 16. A new section is added to chapter 29.15 RCW to read as follows:

A vacancy caused by the death or disqualification of a candidate or nominee of a major or minor political party may be filled at any time up to and including the day before the election for that position. For state partisan offices in a political subdivision voted on solely by electors of a single county, the county central committee in the case of a major political party or the state central committee or comparable governing body in the case of a minor political party shall appoint a person to fill the vacancy. For other partisan offices, including federal or statewide offices, the state central committee or comparable governing body of the appropriate political party shall appoint a person to fill the vacancy.

If the vacancy occurs no later than the sixth Tuesday before the primary or general election concerned and the ballots have been printed, the appropriate election officers shall correct the ballots. In making the correction, it is not necessary to reprint complete ballots if any other less expensive technique can be used and the resulting correction is reasonably clear.

If the vacancy occurs after the sixth Tuesday before the primary or general election and time does not exist in which to correct ballots (including absentee ballots), either in total or in part, then the votes cast or recorded for the person who has died or become disqualified must be counted for the person who has been named to fill the vacancy.

When the secretary of state is the person with whom the appointment by the major or minor political party is filed, the secretary of state shall, in certifying candidates or nominations to the various county officers insert the name of the person appointed to fill a vacancy.

If the secretary of state has already sent forth the certificate when the appointment to fill a vacancy is filed, the secretary of state shall immediately certify to the county auditors of the proper counties the name and place of residence of the person appointed to fill a vacancy, the office for which the person is a candidate or nominee, the party represented, and all other pertinent facts pertaining to the vacancy.

Sec. 17. RCW 29.27.020 and 1990 c 59 s 8 are each amended to read as follows:

On or before the day following the last day for political parties to fill vacancies in the ticket as provided by ((RCW 29.18.150)) section 15 of this act, 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, his or her address, and his or her party designation, if any.

Sec. 18. RCW 29.27.030 and 1965 c 9 s 29.27.030 are each amended to read as follows:

Not more than ten nor less than three days prior to the primary election the county auditor shall publish notice of such primary in one or more newspapers of general circulation within the county. ((Said)) The notice shall 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 election, the notification that is required for each major political party under section 10 of this act, the hours during which the polls will be open, and that the election will be held in the regular polling place in each precinct, giving the address of each polling place((: PROVIDED, That)). The names of all candidates for nonpartisan offices shall be published separately with designation of the offices for which they are candidates but without party designation. This shall be the only notice required for the holding of any primary election.

Sec. 19. RCW 29.30.005 and 1990 c 59 s 93 are each amended to read as follows:

Except for the candidates for the positions of president and vice president or for ((a partisan or nonpartisan)) an office for which no primary is required, the names of all candidates who have filed for ((nomination under chapter 29.18 RCW and those independent candidates and candidates of minor political parties who have been nominated under chapter 29.24 RCW shall)) office under chapter 29.15 RCW must appear on the appropriate ballots at the primary throughout the jurisdiction in which they are to be nominated.

Sec. 20. RCW 29.30.025 and 1990 c 59 s 80 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. ((In the case of candidates for city, town, and district office, this procedure shall also determine the order for candidate names on the official primary ballot used at the polling place.)) 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 29.15.150 or 29.21.015, the names shall appear on the general election ballot in the order determined by lot.

Sec. 21. RCW 29.30.095 and 1990 c 59 s 96 are each amended to read as follows:

(1) The name of a candidate for a partisan office for which a primary was conducted shall not be printed on the ballot for that office at the subsequent general election unless the candidate receives a number of votes equal to at least one percent of the total number cast for all candidates for that position sought and a plurality of the votes cast for the candidates of his or her party for that office at the preceding primary.

(2) If, under section 9 of this act, a major political party has chosen to allow voters who choose not to affiliate with any major political party to participate in that major political party's nomination process, then votes cast by all voters affiliated with that party for candidates who indicated that major political party designation when filing a declaration of candidacy must be aggregated with votes cast by unaffiliated voters before comparing vote totals in order to determine a plurality. If not, then a plurality is determined by comparing only the tabulations of votes cast by voters who choose to affiliate with that major political party.

Sec. 22. RCW 29.30.101 and 1999 c 298 s 11 are each amended to read as follows:

The names of the persons certified as nominees by the secretary of state or the county canvassing board shall be printed on the ballot at the ensuing election.

No name of any candidate whose nomination at a primary is required by law shall be placed upon the ballot at a general or special election unless it appears upon the certificate of either (1) the secretary of state, or (2) the county canvassing board, or (3) a minor political party convention or the state or county central committee of a major political party to fill a vacancy on its ticket under ((RCW 29.18.160)) section 16 of this act.

Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, a candidate's name shall not appear more than once upon a ballot for a position regularly nominated or elected at the same election.

Sec. 23. RCW 29.33.320 and 1990 c 59 s 28 are each amended to read as follows:

The secretary of state shall not approve a vote tallying system unless it:

(1) Correctly counts votes on ballots on which the proper number of votes have been marked for any office or issue;

(2) Ignores votes marked for any office or issue where more than the allowable number of votes have been marked, but correctly counts the properly voted portions of the ballot;

(3) Accumulates a count of the specific number of ballots tallied for each precinct, total votes by candidate for each office, and total votes for and against each issue of the ballot in that precinct;

(4) ((Accommodates rotation of candidates' names on the ballot under RCW 29.30.040;

(5))) Produces precinct and cumulative totals in printed form; and

(((6))) (5) Except for functions or capabilities unique to this state, has been tested, certified, and used in at least one other state or election jurisdiction.

Sec. 24. RCW 29.36.045 and 2001 c 241 s 8 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 absentee ballots for primaries must include the notification that is required for each major political party under section 10 of this act. The larger return envelope must 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 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. 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. 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. 25. RCW 29.42.010 and 1977 ex.s. c 329 s 16 are each amended to read as follows:

Each political party organization ((shall have the power to)) may:

(1) Make its own rules and regulations;

(2) Call conventions;

(3) Elect delegates to conventions, state and national;

(4) Fill vacancies on the ticket;

(5) Provide for the nomination of presidential electors; and

(6) Perform all functions inherent in such an organization((: PROVIDED, That)). However, only major political parties ((shall have the power to)) may designate candidates to appear on the state primary election ballot as provided in ((RCW 29.18.150 as now or hereafter amended)) section 15 of this act.

Sec. 26. RCW 29.42.050 and 1991 c 363 s 34 are each amended to read as follows:

The statutory requirements for filing as a candidate at the primaries shall apply to candidates for precinct committee officer except that the filing period for this office alone shall be extended to and include the Friday immediately following the last day for political parties to fill vacancies in the ticket as provided by ((RCW 29.18.150)) section 15 of this act, and the office shall not be voted upon at the primaries, but the names of all candidates must appear under the proper party and office designations on the ballot for the general November election for each even-numbered year and the one receiving the highest number of votes shall be declared elected: PROVIDED, That 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. Any person elected to the office of precinct committee officer who has not filed a declaration of candidacy shall pay the fee of one dollar to the county auditor for a certificate of election. The term of office of precinct committee officer shall be for two years, commencing upon completion of the official canvass of votes by the county canvassing board of election returns. Should any vacancy occur in this office 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 be empowered to fill such vacancy by appointment: PROVIDED, HOWEVER, That in legislative districts having a majority of its precincts in a county with a population of one million or more, such appointment shall be made only upon the recommendation of the legislative district chair: PROVIDED, That the person so appointed shall have the same qualifications as candidates when filing for election to such office for such precinct: PROVIDED FURTHER, That when a vacancy in the office of precinct committee officer exists because of failure to elect at a state general election, such vacancy shall not be filled until after the organization meeting of the county central committee and the new county chair selected as provided by RCW 29.42.030.

Sec. 27. RCW 29.42.070 and 1991 c 363 s 35 are each amended to read as follows:

Within forty-five days after the statewide general election in even-numbered years, ((or within thirty days following July 30, 1967, for the biennium ending with the 1968 general elections,)) the county chair of each major political party shall call separate meetings of all elected precinct committee officers in each legislative district ((a majority of the precincts of which are within a county with a population of one million or more)) for the purpose of electing a legislative district chair in such district. The district chair shall hold office until the next legislative district reorganizational meeting two years later, or until a successor is elected.

The legislative district chair can only be removed by the majority vote of the elected precinct committee officers in the chair's district.

NEW SECTION. Sec. 28. A new section is added to chapter 29.81A RCW to read as follows:

If the legislative authority of a county or first-class or code city provides for the inclusion in the local voters' pamphlet of candidates for partisan office, the pamphlet must prominently include the notification that is required for each major political party under section 10 of this act.

Sec. 29. RCW 42.17.020 and 1995 c 397 s 1 are each amended to read as follows:

(1) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.

(2) "Authorized committee" means the political committee authorized by a candidate, or by the public official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or public official.

(3) "Ballot proposition" means any "measure" as defined by RCW 29.01.110, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency prior to its circulation for signatures.

(4) "Benefit" means a commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.

(5) "Bona fide political party" means:

(a) An organization that has filed a valid certificate of nomination with the secretary of state under chapter 29.24 RCW;

(b) The governing body of the state organization of a major political party, as defined in RCW 29.01.090, that is the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party; or

(c) The county central committee or legislative district committee of a major political party. There may be only one legislative district committee for each party in each legislative district.

(6) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.

(7) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.

(8) "Candidate" means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when he or she first:

(a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office;

(b) Announces publicly or files for office;

(d) Gives his or her consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.

(9) "Caucus political committee" means a political committee organized and maintained by the members of a major political party in the state senate or state house of representatives.

(10) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.

(11) "Commission" means the agency established under RCW 42.17.350.

(12) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind: PROVIDED, That for the purpose of compliance with RCW 42.17.241, the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.

(13) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.

(14)(a) "Contribution" includes:

(i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or anything of value, including personal and professional services for less than full consideration;

(ii) An expenditure made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a political committee, or their agents;

(iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising prepared by a candidate, a political committee, or its authorized agent;

(iv) Sums paid for tickets to fund-raising events such as dinners and parties, except for the actual cost of the consumables furnished at the event.

(b) "Contribution" does not include:

(i) Standard interest on money deposited in a political committee's account;

(ii) Ordinary home hospitality;

(iii) A contribution received by a candidate or political committee that is returned to the contributor within five business days of the date on which it is received by the candidate or political committee;

(iv) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;

(v) An internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;

(vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. "Volunteer services," for the purposes of this section, means services or labor for which the individual is not compensated by any person;

(vii) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or property occupied by a person. However, a facility used for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit of the person providing the facility;

(viii) Legal or accounting services rendered to or on behalf of:

(A) A political party or caucus political committee if the person paying for the services is the regular employer of the person rendering such services; or

(B) A candidate or an authorized committee if the person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of ensuring compliance with state election or public disclosure laws.

(c) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution. Such a contribution must be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the provider.

(15) "Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.

(16) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters: PROVIDED, That an election in which the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.

(17) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a ballot proposition.

(18) "Election cycle" means the period beginning on the first day of December after the date of the last previous general election for the office that the candidate seeks and ending on November 30th after the next election for the office. In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on November 30th after the special election.

(19) "Expenditure" includes a payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also includes a promise to pay, a payment, or a transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign. For the purposes of this chapter, agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations until actual payment is made. The term "expenditure" shall not include the partial or complete repayment by a candidate or political committee of the principal of a loan, the receipt of which loan has been properly reported.

(20) "Final report" means the report described as a final report in RCW 42.17.080(2).

(21) "General election" means the election that results in the election of a person to a state office. It does not include a primary.

(22) "Gift," is as defined in RCW 42.52.010.

(23) "Immediate family" includes the spouse, dependent children, and other dependent relatives, if living in the household. For the purposes of RCW 42.17.640 through 42.17.790, "immediate family" means an individual's spouse, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse and the spouse of any such person.

(24) "Independent expenditure" means an expenditure that has each of the following elements:

(a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;

(b) The expenditure pays in whole or in part for political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; and

(c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of five hundred dollars or more. A series of expenditures, each of which is under five hundred dollars, constitutes one independent expenditure if their cumulative value is five hundred dollars or more.

(25)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another person unless the contribution is from the individual's employer, immediate family as defined for purposes of RCW 42.17.640 through 42.17.790, or an association to which the individual belongs.

(b) A treasurer or a candidate is not an intermediary for purposes of the committee that the treasurer or candidate serves.

(c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and customary rate.

(d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that event.

(26) "Legislation" means bills, resolutions, motions, amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any other matter that may be the subject of action by either house or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval by the governor.

(27) "Lobby" and "lobbying" each mean attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW. Neither "lobby" nor "lobbying" includes an association's or other organization's act of communicating with the members of that association or organization.

(28) "Lobbyist" includes any person who lobbies either in his or her own or another's behalf.

(29) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he or she is compensated for acting as a lobbyist.

(30) "Person" includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.

(31) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, the term "person in interest" means and includes the parent or duly appointed legal representative.

(32) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations, or other means of mass communication, used for the purpose of appealing, directly or indirectly, for votes or for financial or other support in any election campaign.

(33) "Political committee" means any person (except a candidate or an individual dealing with his or her own funds or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition.

(34) "Primary" for purposes of the limits in RCW 42.17.640 means the ((procedure for nominating)) election that nominates a candidate to state office ((under chapter 29.18 or 29.21 RCW or any other primary for an election that uses, in large measure, the procedures established in chapter 29.18 or 29.21 RCW)).

(35) "Public office" means any federal, state, county, city, town, school district, port district, special district, or other state political subdivision elective office.

(36) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.

(37) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under RCW 29.82.015 and ending thirty days after the recall election.

(38) "State legislative office" means the office of a member of the state house of representatives or the office of a member of the state senate.

(39) "State office" means state legislative office or the office of governor, lieutenant governor, secretary of state, attorney general, commissioner of public lands, insurance commissioner, superintendent of public instruction, state auditor, or state treasurer.

(40) "State official" means a person who holds a state office.

(41) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain in the possession or control of that committee or candidate subsequent to the election for which the contributions were received, and that are in excess of the amount necessary to pay remaining debts incurred by the committee or candidate prior to that election. In the case of a continuing political committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW 42.17.065.

(42) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

As used in this chapter, the singular shall take the plural and any gender, the other, as the context requires.

NEW SECTION. Sec. 30. Nothing in this act may be construed by the secretary of state or a county auditor to mean that a voter may cast more than one vote for candidates for a given office.

NEW SECTION. Sec. 31. (1) The legislature recognizes that this act significantly changes the way in which a primary for partisan office shall be conducted, and thus it intends to ease the transition and allow any primary held prior to July 1, 2002, to be implemented with existing systems currently in use by each county auditor.

(2) Notwithstanding any language to the contrary found elsewhere in this act or in existing statute, only a voter who chooses not to affiliate with any major political party may vote for a minor political party or independent candidate. Any vote for a minor political party or independent candidate by a voter who chooses to affiliate with a major political party shall not be tabulated or reported. The name of a minor political party or independent candidate shall not appear on the general election ballot unless the candidate receives at least three percent of all votes cast for candidates for that office by voters who choose not to affiliate with any major political party.

(3) Each county auditor may design a ballot and utilize procedures other than those detailed in this act when conducting a partisan primary provided that the design of the ballot and the procedures are specifically allowed by a rule adopted by the secretary of state under chapter 34.05 RCW, and that the following criteria are met:

(a) A voter shall have the option to affiliate with a major political party, or to not affiliate with any major political party;

(b) Voter privacy, including selection of party affiliation, is preserved;

(c) A voter who affiliates with a major political party may only cast votes for partisan office for candidates that indicated that same-party affiliation when filing a declaration of candidacy, and any votes cast for a candidate that indicated a different party affiliation when filing a declaration of candidacy shall not be tabulated and reported;

(d) A voter who chooses not to affiliate with any major political party may vote for any candidate regardless of the candidate's political party designation, and votes cast by such voter shall be tabulated and reported; and

(e) Votes cast for a candidate by voters who choose to affiliate with a major political party shall be reported separately from votes cast for the same candidate by voters who choose not to affiliate with any major political party.

(4) This section expires July 1, 2002.

NEW SECTION. Sec. 32. The following acts or parts of acts are each repealed:

(1) RCW 29.18.010 (Application of chapter) and 1990 c 59 s 78 & 1965 c 9 s 29.18.010;

(2) RCW 29.18.120 (General election laws govern primaries) and 1990 c 59 s 87, 1971 ex.s. c 112 s 1, & 1965 c 9 s 29.18.120;

(3) RCW 29.18.150 (Vacancies on major party ticket caused by no filing--How filled) and 1990 c 59 s 102, 1977 ex.s. c 329 s 12, & 1965 c 9 s 29.18.150;

(4) RCW 29.18.160 (Vacancies by death or disqualification--How filled--Correcting ballots and labels--Counting votes already cast) and 2001 c 46 s 4 & 1977 ex.s. c 329 s 13;

(5) RCW 29.18.200 (Blanket primary authorized) and 1990 c 59 s 88 & 1965 c 9 s 29.18.200; and

(6) RCW 29.30.040 (Primaries--Rotating names of candidates) and 1990 c 59 s 94, 1977 ex.s. c 361 s 54, & 1965 c 9 s 29.30.040.

NEW SECTION. Sec. 33. Sections 1, 4, 5, and 8 through 13 of this act constitute a new chapter in Title 29 RCW.

NEW SECTION. Sec. 34. 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. 35. 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."

Correct the title.

Representative Schmidt moved the adoption of the following amendment (230) to the striking amendment (228):

On page 3, line 8, beginning with "and" strike all the matter through ", and" on line 11, and insert:

"(4) A statement that votes cast for minor party candidates or independent candidates by voters who choose to affiliate with a major political party will not be tabulated or reported; and

(5) A statement that the party identification option will not affect votes cast for candidates for nonpartisan offices or for or against"

On page 4, line 34, strike "may not be tabulated" and insert ", or for a minor party candidate or independent candidate, may not be tabulated or reported"

On page 21, line 23, beginning with ", only" strike all the matter through "Each" on line 32, and insert "each"

On page 22, line 19, strike "(4)" and insert "(3)"

Representatives Schmidt and Ogden spoke in favor of the adoption of the amendment to the striking amendment.

The amendment to the striking amendment was adopted.

Representative Schmidt moved the adoption of the following amendment (229) to the striking amendment (228):

On page 4, line 8 of the amendment, strike "July" and insert "March"

On page 4, line 10 of the amendment, after "year." insert "However, a major political party may adopt a rule under subsection (1) of this section no later than thirty days after the effective date of this act that becomes effective at the primary conducted in September of 2001."

Representatives Schmidt and Ogden spoke in favor of the adoption of the amendment to the striking amendment.

The amendment to the striking amendment was adopted.

The question before the House was the adoption of the striking amendment as amended.

Representatives Ogden, Talcott, Eickmeyer, Hurst, Campbell, Ruderman, Van Luven and Dunshee spoke in favor of the striking amendment as amended.

Representatives Sump, Hatfield, Schmidt, Clements and Kagi spoke against adoption of the striking amendment as amended.

The striking amendment as amended was adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.

Representatives Ogden and Schmidt spoke in favor of passage of the bill.

Speaker Chopp stated the question before the House to be the final passage of Engrossed Senate Bill No. 6183 as amended by the House.

MOTIONS

On motion of Representative Santos, Representatives Berkey, Cooper, Edwards, Grant, Lovick, McIntire, Morris, Schual-Berke and Wood were excused. On motion of Representative Schoesler, Representatives Boldt, Cox, Esser and Mulliken were excused.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6183 as amended by the House and the bill passed the House by the following vote: Yeas - 52, Nays - 33, Absent - 0, Excused - 13.

Voting yea: Representatives Anderson, Armstrong, Benson, Buck, Cairnes, Campbell, B. Chandler, G. Chandler, Cody, Conway, Darneille, Dickerson, Dunshee, Edmonds, Eickmeyer, Fisher, Fromhold, Gombosky, Haigh, Hunt, Hurst, Jackley, Keiser, Kenney, Kessler, Kirby, Lantz, Lisk, Mastin, McDermott, McMorris, Miloscia, Mitchell, Murray, O'Brien, Ogden, Pflug, Poulsen, Roach, Rockefeller, Ruderman, Santos, Schoesler, Sehlin, Simpson, Sommers, Talcott, Tokuda, Van Luven, Veloria, Speaker Ballard, and Speaker Chopp - 52.

Voting nay: Representatives Ahern, Alexander, Ballasiotes, Barlean, Bush, Carrell, Casada, Clements, Crouse, DeBolt, Delvin, Doumit, Dunn, Ericksen, Hankins, Hatfield, Jarrett, Kagi, Lambert, Linville, Marine, Mielke, Morell, Pearson, Pennington, Quall, Reardon, Romero, Schindler, Schmidt, Skinner, Sump, and Woods - 33.

Excused: Representatives Berkey, Boldt, Cooper, Cox, Edwards, Esser, Grant, Lovick, McIntire, Morris, Mulliken, Schual-Berke and Wood - 13.

Engrossed Senate Bill No. 6183 as amended by the House, having received the necessary constitutional majority, was declared passed.

There being no objection, the House advanced to the eleventh order of business.

MOTION

On motion of Representative Kessler, the House adjourned until 10:00 a.m., May 16, 2001, the 22^nd Legislative Day of the First Special Legislative Session.

CLYDE BALLARD, Speaker FRANK CHOPP, Speaker

TIMOTHY A. MARTIN, Chief Clerk CYNTHIA ZEHNDER, Chief Clerk