J K *m/v\' Mmary Election Law OF WASHINGTON :TH REMINGTON & BALLINGER'S CODE OF WASHINGTON REFERENCES Published by I. M. Secretary of State 1912 OLYMPIA, WASH.: E. L. BOARDMAN PUBLIC PRINTER 1912 PRIMARY ELECTION LAW AN ACT relating to, regulating and providing for the nomi- nation of candidates for public office in the State of Washington and providing penalties for the 'violation thereof, and declaring an emergency, as amended by an act relating to, regulating and providing for the nomina- tion of candidates for public office in the State of Wash- ington and providing penalties for the violation thereof, and amending sections 1, 2, 3, 5, 10, 13, 22, 29, 30, 33 and 38 of an 'act entitled "An act relating to, regulating and providing for the nomination of candidates for pub- lic office in the State of Washington, and providing penalties for the violation thereof, and declaring an emergency," approved March 15, 1907, and declaring an emergency. Be it Enacted 'by the Legislature of the State of Washington: Definition and Construction. SECTION 1. [4804, Rem.-Bal.] The words and phrases in this act shall, unless the same be incon- sistent with the context, be construed as follows: (a) The word "primary" the primary election provided for by this act. (b) The words ''September primary" the pri- mary election held in September to nominate can- didates to be voted for at the ensuing election. (c) The word "election" a general or city elec- tion as distinguished from a primary election. Candidates, How Nominated. SEC. 2. [4805, Rem.-Bal.] Hereafter, all can- didates for elective offices in this state, either state, county, municipal, precinct or congressional, shall be nominated at a direct primary election held in pur- suance of this act: Provided, That this act shall not 293020 4 PRIMARY ELECTION LAW be held to refer to special elections for filling the va- cancies for unexpired terms, or to election to offices of any city or town of the fourth class or for any school, dike, irrigation or metropolitan park district or other local improvement election, or for presi- dential electors. Provided further, That the provisions of this act shall not apply to nominations of candidates for municipal elective offices in cities of the first class which have adopted or may hereafter adopt char- ters under section 10, Article XI, of the State Con- stitution, where such charters have provided or may hereafter provide a non-partisan method or methods of nominating candidates for municipal elective of- fices; and all such cities shall have the right and power to provide in their charters for any method or methods of non-partisan nomination of candidates for their elective offices as they may desire. Primaries, When and Where Held. SEC. 3. [4806, Rem.-Bal.] A primary election held to nominate candidates to he voted for at the general election in November, 1908, shall be held at the regular polling places in each precinct on the sec- ond Tuesday of September, 1908, and biennially there- after, for the nomination of all candidates to be voted for at the succeeding general election. Except as hereinafter provided, any primary other than the September primary shall be held four weeks before the election for which candidates are to be nominated at such primary: Provided, That primaries for the nomination of candidates to be voted upon at munici- pal elections held during 1907 shall be held two weeks prior to the date of said elections. Declaration of Candidacy. SEC. 4. [4807, Rem.-Bal.] The name of no can- didate shall be printed upon an official ballot used at any primary election unless at least thirty (30) and STATE OF WASHINGTON 5 not more nan sixty (60) days prior to such primary a declaration of candidacy shall have been filed by him, as provided in this act, in the following form: I, , declare upon honor that I reside at No. .. street, (city or town) of , county of , State of Washington, and am a qualified voter therein, and a member of party, that I hereby declare myself a candidate for nomination to the office of , to be made at the primary election to be held on the . . . day of and hereby request that my name be printed upon the official primary ballot as provided by law as a candidate of the party, and I accom- pany herewith the sum dollars, the fee re- quired by law of me for becoming such candidate. Subscribed this day of , 191 Provided, That no person who desires to become a candidate for the office of supreme or superior court judge shall certify his party affiliations. Fees to be Paid by Candidates. SEC. 5. [4808, Rem.-Bal.] At least thirty (30) days before the primary election any person who shall be eligible, who shall desire to become a candidate for nomination for any office, subject to this act, shall file in the proper office a declaration of candi- dacy accompanied by the fee provided for in this act, which fee shall be as follows: For any office with a salary or compensation attached, of one thousand dollars or less per annum, ten ($10) dollars; when such salary or compensation exceeds one thousand dollars per annum, an additional sum, equal to 1 per cent, on such excess; and in case of any precinct office without salary, the filing fee shall be one ($1) dollar. Said fee shall be paid to the following officers: When the candidacy is for a state, congressional or district office, embracing more than one county, the 6 PRIMARY ELECTION LAW fee shall be paid to the Secretary of State, to be paid by him to the State Treasurer, and when for district officers for more than one county, the same shall be divided equally between the counties composing such district and paid to the respective treasurers thereof, and the Secretary of State shall issue all necessary warrants for such payments on the State Treasurer. When such fees are for county offices and offices for districts within counties, such fee shall be paid to the county auditors and by them to the respective county treasurers, and when for city or municipal offices, shall be paid to the respective clerks of such cities or municipalities and by them to the respective treasurers of the same. Political Party Candidates. SEC. 6. [. 4809, Rem.-Bal.] Any political organiza- tion which at the general or city election last preced- ing the primary was represented on the official ballot by either regular party candidates or by individual nominees only, may, upon complying with the pro- visions of this act, have a separate primary election ticket as a political party, if any of its candidates or individual nominees received 10 per cent, of the total vote cast at such last preceding general or city election in this state, or subdivision thereof, in which the candidate seeks the nomination. Declarations, How Filed. SEC. 7. [4810, Rem.-Bal.] All declarations of candidacy shall be filed as follows: First. For state officers, United States senators, representatives in Congress and those members of the state Legislature and judges of the superior court whose districts comprise more than one county, in the office of the Secretary of State. Second. For officers to be voted for wholly in one county, in the office of the county auditor of such county. STATE OF WASHINGTON 7 Third. For city officers, in the office of the city clerk. Notice of Primaries, How Given. SEC. 8. [4811, Rem.-Bal.] FirstAt least 20 days before any September primary the Secretary of State shall transmit to each county auditor a cer- tified list containing the name, postoffice address and party designation of each person entitled to be voted for at such primary, and the office for which he is a candidate, as appears by the nomination papers filed in his office. Second. Each county auditor shall, at least fif- teen days before the September primary, publish once, under the proper party designation and title of each office, the names and addresses of all persons for whom nomination papers have been filed in so far as tne same shall affect the electors of his county, giving the date of the primary, the hours during which the polls will be open, and that the primary will be held in the regular polling place in each precinct, and shall cause to be posted copies of such notice in at least three public places in each precinct in his county: Provided, That the names of all candidates for the offices of supreme and superior court judge snail be published and posted in a separate list with- out party designation. Publication of Notices. SEC. 9. [4812, Rem.-Bal.] Any publication re- quired in this act shall be made in two newspapers in each county or city, of general circulation, represent- ing the two political parties that cast the largest vote in such county or city at the last preceding general election. In any case where the publication of a notice can- not be made as hereinbefore required, it may be made in any newspaper having a general circulation 8 PRIMARY ELECTION LAW in the county or city in which the notice is required to be published. Method of Voting and Form of Ballot. SEC. 10. [4813, Rem.-Bal.] The method of vot- ing at such primary election shall be by ballot, and all ballots voted shall be printed as herein provided. On the 15th day before the primary election the county auditor shall group all the candidates for each party by themselves, and shall prepare at once in writing, a separate sample ballot for each party for public inspection, which he shall post in a con- spicuous place in his office. He shall proceed to have printed a separate primary election ballot for each political party which has qualified as hereinbefore provided. These ballots to be prepared in the fol- lowing manner: Every ticket shall be absolutely uniform in color and size, shah be white and printed in black ink. Across the head of each ballot shall be printed in plain, black type, first, the name of the political party, on each ticket, following the words, "Primary Election Ballot." On the next line shall be printed the name of the political party, and below that the county in which the ballot is to be used. Then shall follow the words "To vote for a person mark a cross in the first square at the right of the name of the person for whom you desire to vote." Beginning at the top of the left hand column, at the left of the line, in black type, shall appear the position for which the names following are candidates, and to the extreme right of the same line the words "Vote for," then the words "One," "Two," or a spelled number designating how many persons under that head are to be voted for. Following this shall come the name of each can- didate for that position, inclosed in a light faced rule, with a square to the right of said name, sand square being separated by heavy black face rule, the STATE OF WASHINGTON 9 parallel rules containing the names and squares to be one-sixth of an inch apart. Each position, with the name running for that office, shall be separated from the following one by a black-face rule to sep- arate each position clearly. The position shall be arranged as follows, provided nominees for such positions are to be selected in said county under the provisions of this act hereinafter provided: First, congressional; next, state; next, preference for Uni- ted States senators; next, legislative; next, county officers; next, precinct officers; in all cases following under each heading here given, the rotation used in the make-up, of the various ballots at the general election. In city elections it shall be the duty of the city clerk to prepare the ballots and arrange the position of the candidates on such ballots commencing with the office of mayor and following with the offices for which candidates are to be selected, using his rea- sonable discretion as to such arrangement. The duties provided for in this act to be performed by the county auditor with reference to candidates for county and district offices or either of them shall in like manner be performed by the city clerk in each city with reference to the preparation of bal- lots and primary elections for candidates for city offices. When there shall be four or more candidates for any state or congressional joffice, there shall be printed immediately under the designation of office, the following: "Vote for both first and second choice for this office." On the next line shall be printed the words "To vote for a person for first choice, mark a cross (X) in the first square at the right of the name of the person for whom you desire to vote." "To vote for a person for second choice, mark a cross (X) in the second square after the name of the person for whom you desire to vote." The form of ballot shall be substantially as follows: H tf o ? a ^ 1 Q ) {_, b - 2 , 2 3 o a 4> M C 4J O > T3 g C 4) J3 o 8 LU W j *0 H Q CO p Q SE W Q fc W 1 fc B Member W fc W fc W c ! SH - h I o 0) 5-i "D <1> ^i o c E 'o JC CD 8 i 1 V co O > coO > cS t_. ^ 4-1 8 fi to S 2a j cS i! 'o JC * M f j ) 0> g \ $ i 9 *c c j o c j CO o "< ! W g jc <; 3 j o 03 S < 2 i c 1 - D C '1 t I c 3 3 5 1 C a > ) O O 8 UJ I- T o 1 1 V u 1 -E OT h- c ' 1 Q C i > ^ co & I : * tk 2 > re ^ , ^ vote fo C C. > > resent; 14 H S Q Q C s < _ C 3 ^ - t 3 * j j 2 1 4 o Q H I i 1* Q 0) DC ,> w IE W C ii J 5 W . o fc I 1-5 B ti Z' 2 ^ S ^ l l o D O jx: i_ ^ 4-1 C 3 I te B o 3 s fc s- Q fc B Treasurer H g B & a ! B Sheriff 1 fc W 1 Q J5 Q fc Coroner H S B w s a B o H S B Prosecuting Attorney H s E E3 s B y a B Vote for Hna > 1 ) Vote for a> a Vote for Him i Vote for Ona 1 1 ) Vote for S Vote for Ana j 3 > n -1 1 < 3 s s i c fl ^ 1 c > 5 & c f > r i 0) . EG 0) ota r 1 o> . EG O> u n 1 s T J 3 > ; . j. O CJ jjc c s. a I 1 M OJ 4-1 03 (-> w 1 1 = S C 4- ) } I P & a 5 * C ' t ss q s_ S T1 i p c ! c H- 1 5 c 5 } d t 3 C 7 1- 3 H D 5 Q 5 55 H B D = ha I M s > s_ rt 4-1 c Q B H I B 1-5 K Q B H5 I B Hs 3 < 0) 4-1 05 4-1 CO < X t- c 4- c 5 i 4 ) > H Q B h> I B HI Q B Hi P fc B Hs for One for One for One ,; ti o 5 * 2 ^ ? (0 o JC Vf- o -M 12 0) O it o (XS a> a. *-> 3 X -M C 3 I i s K ! a Surveyor a S fe K o I 1 I i Superintenden p }r E C IS c 1 S , c E fr- J X c s W K S w W s a> 1 I W o H S i I Vote for OnP h > Vote for a Vote for Orm jl Vote for a> fl O t- c (-1 ? i i - w a c ^ l O c re i T: s n: 1 5 j i ; . . O !i "cC O 02 < c j j 3 _ C . o E 3 h- o a 11 < ' i D t 3 C /) r [i a 0) c s- o < O S o I W 1 w H S W Q W o l-j < (A E E o J O IM 2 3 1 I W H W I fc c O> a 2 :_, fl <2 s O> o s ro E o 1 O o .a CO a 1 H O Q I o c 'o 1 B o B O Q. 1-5 1-3 1-5 (0 T3 5 & |i.S 14 PRIMARY ELECTION LAW Separate Party Ballots. SEC. 11. [ 4814, Rem.-Bal.] The primary election ballots for the several political parties shall be sep- arate ballots, and the primary election of all parties shall be held at the same time and place and under the same officers and in all respects as a general elec- tion, under the laws of the State of Washington, ex- cept as otherwise changed by this act. Voting at Primary Elections. SEC. 12. [4815, Rem.-Bal.] Every qualified per- son, properly registered as a voter in the election pre- cinct enabling him to vote at the ensuing election where registration is required, and every qualified per- son in precincts where registration is not required, shall be entitled to participate in the primary elec- tion. When he desires to vote at said primary each elector shall have the right to receive the ballot only of the party for which he registered if living in a pre- cinct in which registration is required, or> if living in a precinct in which no registration is required the ballot of the party for which he asks; and in the latter event, he shall, if challenged, be required to make oath or affirmation that he intends to affiliate with said party at the ensuing election and intends to support its candidates generally. Thereupon he shall retire to one of the booths and without undue delay mark the ballot received by him and fold it so that its face shall be concealed. He shall thereafter deliver said ballot received by him to the election of- ficers. In the event said voter shall soil or deface the ballot he desires to vote he shall at once return the ballot received by him and get a new ballot and the election officers shall destroy or render unfit for use the ballot so returned. The elector shall desig- nate his choice on his ballot by marking a cross in each of the small squares nearest the names of the candidates for whom he desires to vote and shall not STATE OF WASHINGTON 15 vote for more candidates for an office than are to be elected thereto at the election to follow the primary election as indicated on the ballot at the right of each office for which candidates are to be selected. Where under the provisions of this act a voter is required to designate his first and second choice the voter shall designate his first choice by marking a cross (X) in each of the small squares nearest to the names of the candidates for whom he desires to vote for first choice and shall designate his second choice by marking a cross (X) in the second square op- posite to and parallel to the names of the candidates for whom he desires to vote as a second choice. Order of Printing Names on Ballots. SEC. 13. [4816, Rem.-Bal.] The names of can- didates for each office upon the ballot and under the heading designating each official position upon the bal- lots to be used in voting, shall be first arranged in the order in which their declarations of candidacy shall have been filed. In printing each set of ballots for the several counties, the positions of the names of candidates shall be changed in each office division as many times as there are candidates in the office divi- sion in which there are the most names. As nearly as possible an equal number of ballots shall be printed after each change. In making the changes of position, the printer shall take the line of type at the head of each office division and place it at the bottom of the division, and shove up the column so that the name that before was second shall be first, after the change. After the ballots are printed they shall be kept in separate piles, one pile for each change of position, and shall then be gathered by tak- ing one from each pile; the intention being that every other ballot in such pile shall have the names in a dif- ferent position. There shall be no printing upon the back of the ballots or any marks to distinguish them. 16 PRIMARY ELECTION LAW After the ballots have been gathered as above pro- vided they shall be numbered consecutively, said numbering to be perforated and torn off by the election officers on the voting of the ballot. Sam- ple ballots shall be substantially in the same form as the official ballot, but upon colored paper, and the names thereon need not be alternated. General Election Laws to Govern. SEC. 14. [4818, Rem.-Bal.] Except as herein otherwise provided, all primary elections shall be con- ducted as required for general elections under the general election laws of the State of Washington, as far as the provisions thereof are applicable, and the election officers for such primary elections shall have the same powers as those for general elections. Inspectors and Judges of Election. SEC. 15. [4819, Rem.-Bal.] Inspectors and judges of election shall be appointed and designated in the manner provided by said general election law at least ten (10) days prior to the primary election day: Provided, That one of the judges may act and perform the duties of the clerk of election: And provided further, That the members of each political party, in any precinct entitled to participate in any primary election, may in any appointed meeting held at least fifteen (15) days before such primary election, select three (3) members of that party who are duly quali- fied electors and certify the names of the persons so selected, to the board of county commissioners or the city council, whose duty it is to appoint the election officers, and one of said persons shall be appointed and designated as a judge or inspector for that pre- cinct. The same fees shall be allowed and paid from the public funds for the services of any one so serv- ing as a judge, inspector or clerk as for general elec- tions. STATE OF WASHINGTON 17 Secretary of State to Provide Copies of Law. SEC. 16. [4820, Rem.-Bal.] The Secretary of State shall provide copies of this law in conjunction with the general election law of the state, and trans- mit the same to the county auditor of each county, at least twenty (20) days before any such primary election, and the same shall be in lieu of any such copies of said general election law required to be transmitted to county auditors by the Secretary of State for use in such counties. Opening of Polls and Counting of Votes. SEC. 17. [4821, Rem.-Bal.] The polls in the several election precincts on the primary election day shall be kept open from 11 o'clock in the morning until 8 o'clock in the evening of said day. If at the hour of closing there are any electors in the polling place desiring to vote, and who are qualified to parti- cipate therein, and who have not been able to do so since appearing at the polling place, said polls shall be kept open reasonably long enough after the hour of closing to allow those so present at that hour to vote. No one not present at the hour of closing shall be entitled to vote because the polls may not be actually closed when he arrives. No adjournment or intermission whatever shall take place until the polls shall be closed, and until all the votes cast at such poll have been counted and the result publicly an- nounced. Voters Shall Designate Second Choice. SEC. 18. [4822, Rem.-Bal.] In all cases where there are four or more candidates of any political party for one state or congressional position, every elector voting at a primary election held under the terms of this act shall be required to designate one first choice and one second choice for each such posi- tion. No voter shall vote for the same person for first choice and second choice, and no voter shall, where 18 PRIMARY ELECTION LAW there are four or more candidates for such nomina- tion, vote for one person only, either as first or sec- ond choice, and no ballot so voted for one person only, for either first or second choice, or for the same person for both first and second choice, shall be con- sidered a complete ballot, but any ballot under said conditions, failing to show both first and second choice of different persons, shall not be considered or counted, for that office. Method of Canvassing Vote and Making Returns. SEC. 19. [4823, Rem.-Bal.] As soon as the polls are finally closed, the inspector and judges of elec- tion shall immediately open the ballot boxes at each polling place and proceed to take therefrom the bal- lots. Said officers shall count the number of ballots cast by each party, at the same time bunching the tickets cast for each party together in separate piles, and shall then fasten each pile together. As soon as the inspectors and judges shall have assorted and fastened together the ballots of each separte party, they shall take the tally sheets provided by the county auditor or city clerk, and shall count all the ballots for each party separately, until the count is completed, and shall certifiy to the number of votes cast for each candidate, and as to candidates where first and second choice votes are cast shall certify to the number of votes cast for each candidate as first choice and for each candidate as second choice and the total votes cast for each candidate for each office. The tally sheets shall be so kept that such sheets shall show the number of votes received, and shall also show the number of first and second choice votes received and the total number of votes received by each candidate. They shall then place the counted ballots in the box, but in no case shall they inter- mingle the party votes. After all have been counted and certified to by the clerks and judges, they shall seal the returns for all parties in one envelope, to be returned to the county auditor or city clerk. STATE OF WASHINGTON 19 Tally Sheets. SEC. 20. [4824, Rem.-Bal.] Two sets of tally sheets for each political party having candidates to be voted for at said primary election shall be fur- nished for each election precinct by the county au- ditor or city clerk, at the same time and in the same manner that the ballots are furnished, and shall be as follows: Each tally sheet, or the first sheet of each tally book to be furnished, shall be headed, "Tally sheet for (name of political party) (name of city or village) (county) (ward) (election pre- cinct) for a primary election held (date) ." The names of candidates shall be placed on the tally sheets in the order in which they appear on the official ballots, and in each case have the proper party designation at the head thereof. Returns of Primary Elections. SEC. 21. [4825, Rem.-Bal.] In making out the returns of the primary election in the several elec- tion precincts, the same shall be done and all matter pertaining thereto conducted in accordance with the provisions of the general election laws for the re- turns of general elections, except that the first-choice votes, second-choice votes and total votes received by each candidate for each oflflce shall be shown. Party Committeemen, How Selected. SEC. 22. [4826, Rem.-Bal.] At the September primary each voter may write in the space left on the ticket for that purpose the name of one qualified elector of the precinct for member of the party county committee. The one having the highest num- ber of votes shall be such committeeman of such party for such precinct. The party committee of each county shall consist of the precinct committee- men from the several precincts of such county. The 20 PRIMARY ELECTION LAW state committee shall consist of one committeeman from each county, elected by the county committee, which shall meet for such purpose and organization at the court house at the county seat of each county at 2 o'clock p. m. on the second Saturday after such primary election, unless some other time and place of such meeting shall he designated by a regular call of the properly authorized officers of the retiring com- mittee. Each poltical party organization shall have the power to make its own rules and regulations, call conventions, elect delegates to conventions, state and national, fill vacancies on the ticket, provide for the nomination of presidential electors, and perform all other functions inherent to such organizations, the same as though this act had not been passed: Provided, That in no instance shall any convention have the power to nominate any candidate to be voted for at any primary election. City committeemen may be elected at municipal elections in the manner provided in this section, as near as may be. Plurality Required to Nominate. SEC. 23. [4827, Rem.-Bal.] Candidate[s] for party offices who receive a plurality of the votes cast for such candidates shall be the party nominees of such party, except as to offices where first and sec- ond choice votes are cast, and as to such offices, if no candidate shall have received more than 40 per cent, of the first choice votes cast, then, and in that event a canvass shall be made of the second choice votes received by candidates for said office at said primary election, and said second choice votes shall be counted with and added to the first choice votes re- ceived by each and every candidate for such office at the primary election; and the candidate receiving the highest number of first and second choice votes shall be the nominee for such office of the political party represented by him. In the event that any candidate for an office STATE OF WASHINGTON 21 shall have received 40 per cent, or more of the first choice votes of his political party cast at said pri- mary election, the candidate receiving the highest number of first choice votes shall be declared the nominee of his party to such position, without refer- ence to the second choice votes. In the event that there are more than one position of the same kind to be filled and more candidates of any political party receive majorities of the votes of such party cast at such election than there are posi- tions to be filled, then in that event the number of candidates equal to the number of positions to be filled receiving the highest number of votes shall be the nominees of such political party for such position. State Canvassing Board. SEC. 24. [4828, Rem.-Bal.] The canvassing of the vote and the returns of reports of the primary elections as to candidates for state officers, United States senators and representatives in Congress, and any other candidate whose district extends beyond the limits of a single county, shall be done by a canvassing board consisting of the Secretary of State, State Treasurer and State Auditor. Said state can- vassing board shall meet at the office of the {secretary of State on the 3rd Tuesday at ten o'clock a. m. next after the September primary. As soon as said board has canvassed said vote it shall file a certificate with the Secretary of State, which certificate shall show the vote of each candidate of each political party for each office. A copy of such certificate shall be pub- lished once in some newspaper published at the state capital, which publication shall be made by the Sec- retary of State immediately after the same is filed in his office. The vote for all county, city and muni- cipal officers shall be canvassed and the returns made by the same officers and in the same manner as re- turns of the votes cast at general elections are by law 22 PRIMARY ELECTION LAW now required to be made. Such canvassing board and other officers canvassing votes cast at such primary elections shall file with the proper officer a statement and report of such canvass, which statement and report of said primary election shall contain: First. A statement duly certified to containing the names of all candidates voted for at the primary election with the number of votes received, and also the number of first-choice votes received by each and the number of second-choice votes received by each and the total number of votes received by each and for what office, said statement to be made as to each political party separately. Second. A statement of the names of the per- sons or candidates, of each political party who are nominated as hereinbefore provided. Where there is more than one person to be elected to a given office at the ensuing election there shall be included in said statement of nominations the names of so many can- didates for said office, nominated under the provi- sions of this act, as there are persons to be elected to said office at the ensuing election. Said statement shall, in like manner, be made separately as to each political party. Third. A statement of the whole number of electors registered and the number of ballots cast at said primary election. If two or more of the candi- dates of the same political party are "tied" for the same office, the "tie" shall be determined by lot to be cast then and there by and as the canvassing board may determine. It shall be the duty of the county auditor upon the completion of its canvass by the can- vassing board to immediately mail, or deliver, in per- son to each candidate so nominated, a notice of such fact and that his name will be placed upon the official ballot at the ensuing election. The persons whose names are so placed in said statement of nomination shall be and constitute the nominees of the said polit- STATE OF WASHINGTON 23 ical parties of which they are candidates, and such names shall be printed upon the official ballot pre- pared for the ensuing election. No names of candi- dates of any political party which is required to make nominations under this act shall be placed upon the official election ballot, unless such candidate shall have been chosen in accordance with this act, except in cases of a vacancy occasioned by the death, re- moval or resignation of any candidate so chosen, or arising otherwise, and in such a case the campaign or party committee of the political party on whose ticket the same occurs, or if there be no such com- mittee, then a convention of such party may fill such vacancy. The name of such new candidate shall be certified under oath to the county auditor, or the city clerk, as the case may be, by the chairman and secretary of said committee or convention. Errors in Printing Ballots to be Prevented. SEC. 25. [4829, Rem.-Bal.] Whenever it shall appear by affidavit to any judge of the supreme court or superior court of the county that any error or omission has occurred or is about to occur in the printing in the name of any candidate on official bal- lots, or that any error has been or is about to be committed in printing the ballots, or that the name of any person has been or is about to the wrongfully placed upon such ballots, or that any wrongful act has been performed or is about to be performed by any judge or clerk of the primary election, the county auditor, canvassing board or member thereof, or by any person charged with a duty under this act, or that any neglect of duty by any of the persons afore- said has occurred, or is about to occur, such judge shall, by order, require the officer or person or per- sons charged with the error, wrongful act or neglect, to forthwith correct the error, desist from the wrong- ful act, or perform the duty, and to do as the court 4 PRIMARY ELECTION LAW shall order, or to show cause forthwith Why such error should not be corrected, wrongful act desisted from, or such duty or order not performed. Pail- ing to obey the order of such court shall be contempt. Any candidate at such primary election who may desire to contest the nomination of any candidate for the same office at said primary election may proceed by such affidavit so presented: Provided, That such affidavit may be presented within five days after the completion of the canvass by said canvassing board, and not later, and the candidate whose nomination is so contested shall, by order of such judge, duly served, be required to appear and abide by the orders of the court to be made therein. Nominations by Minority Parties, How Made. SEC. 26. [4830, Rem.-Bal.] Any political party which at the last preceding election cast less than 10 per cent, of the votes, may nominate candidates in the manner provided by existing laws for conven- tions: Provided, however, That all such conventions must be held upon the same day as the primary elec- tions are held: And provided further, That no can- didate's name shall be printed upon the election bal- lot until he shall have paid the fee provided by law to be paid by candidates to be nominated at primary elections for like offices. Persons nominated as pro- vided in this section shall be subject to the provisions and penalties of sections 28, 29, 30 and 31 of this act. Forms to be Prepared. SEC. 27. [4831, Rem.-Bal.] It shall be the duty of the Secretary of State and Attorney General, on or before July 1, 1907, to prepare all forms necessary to carry out the provisions of this act, which forms shall be substantially followed in all primaries held in pursuance hereof. Such forms shall be printed with copies of this act for public use and distribution. STATE OF WASHINGTON 25 Expenses of Candidates Limited. SEC. 28. [4832, Rem.-BaL] NO person shall, in order to aid or promote his own nomination ta a pub- lic office under the provisions of this act, or any amendment thereto, directly or indirectly, himself or through another person, give, pay, expend or con- tribute, or promise to give, pay, expend or contribute any money or other valuable thing, except for per- sonal expenses. The words "personal expenses," as used in this act, shall include only expenses directly incurred and paid by a candidate for traveling and for purposes properly incidental to traveling, and for writing, printing and preparing for transmission any letter, circular or other publication not issued at regu- lar intervals, whereby he states his position or views upon public or other questions; for advertising in one or more newspapers a simple announcement of can- didacy to contain only his name, address and the office for which he is a candidate and the party of which he seeks nomination, and to be paid for at no more than the regular advertising rates of such paper or papers; for stationery and postage; for telegraph, telephone and public messenger service, and for other similar expenses, and for the necessary expense of hiring halls or other rooms for the purpose of hold- ing meetings to address the voters and others upon public questions and matters relating to his candi- dacy. No person shall be competent to qualify for any public office, who shall have, prior to the holding of any primary election, paid, or promised or agreed to pay, either directly or through another or in any manner whatsoever, to the owner, publisher, mana- ger or representative of any newspaper, any sum of money or other thing of value, for any article or pub- lished statement in a newspaper, wherein the elec- tors are advised or counseled to vote for such candi- date, or his fitness or qualifications for office are set forth, or his protograph or biography is published. 26 PRIMARY ELECTION LAW Newspapers Prohibited from Accepting Money from Candidates. SEC. 29. [4833, Rem.-Bal.] It shall be unlawful for any owner, proprietor, editor, manager, officer, clerk, agent, reporter or employe of any newspaper, magazine or periodical printed or published in this state, to take, accept or receive, or agree to take, ac- cept or receive, for himself, or any other person or persons, firm or corporation either by himself or any other person, persons, firm or corporation, any money, gratuity or other valuable consideration or article of value for or on account of or as a consideration for such newspaper, magazine or other periodical support- ing or advocating the election or defeat of any can- didate or candidates at any primary election. Any such owner, proprietor, editor, manager, officer, clerk, agent, reporter or employe of any newspaper, maga- zine or other periodical violating the provisions of this act shall be deemed guilty of a misdemeanor and shall be fined in any sum not less than $25.00 and not more than $500.00 or confined in the county jail not less than 10 days nor more than six months or be punished by both such fine and imprisonment: Pro- vided, however, That nothing herein shall prevent any person or persons, firm or corporation engaged in the publication of any newspaper, magazine or periodical from receiving from any person other than a candidate, for publication, and publishing, any matter, article or articles advocating the elec- tion or defeat of any candidate or candidates, and receiving from such person not a candidate, a con- sideration therefor, if such article so published or printed have placed at the beginning thereof in plain type in black face Roman capitals, in a con- spicuous place, the statement "Paid Advertisement, paid for by" (here insert name of person, persons, firm or corporation making such payment, and if such person, persons, firm or corporation is agent for another, then must follow a statement as to whom STATE OF WASHINGTON 27 such person, persons, firm or corporation is or are agent for). But this section shall not be construed as permitting the payment for such publication, either directly or indirectly, by a candidate, or, for any publication prohibited by section 28 of this act. Sworn Itemized Statement of Expenses to be Filed. SEC. 30. [4834, Rem.-Bal.] Every candidate for nomination under the terms of this act, or any amend- ment thereto shall, within ten days after the day of holding the primary election at which he is a can- didate, file an itemized statement in writing, duly sworn to as to its correctness, with the officer with whom his declaration of candidacy or other nomina- tion paper is filed, setting forth each sum of money and thing of value, or any consideration whatever, contributed, paid or promised by him, or any one for him, with his knowledge or acquiescence, for the pur- pose of securing or influencing, or in any way affect- ing, his nomination to said office. Said statement to set forth the sums paid as personal expenses and stat- ing fully the nature, kind and character of the ex- pense for which the sums were expended separately, and the party or parties to whom the sums were paid and the purposes for which such payments were made; and in this statement all sums or other con- siderations promised and not paid shall be included. Such statement, when so filed, shall immediately be subject to the inspection and examination of any elector and shall be and become a part of the public records. Penalty for Failure to File Expense Statement. SEC. 31. [4835, Rem.-Bal.] Any candidate for nomination for any office under the terms of this act who shall fail, neglect or refuse to file with the proper officer the statement provided for in section 30 within the time provided therein, or who shall fail to fully set out and detail any and all sums of money or other 28 PRIMARY ELECTION LAW thing of value or consideration expended, paid, contri- buted or promised, as in section 28 provided, shall be guilty of a misdemeanor, and on conviction fined not less than twenty -five ($25) dollars and not more than five hundred ($500) dollars or be imprisoned in the county jail not less than ten (10) days and not more than six (6) months. Corrupt Solicitation Prohibited. SEC. 32. [4836, Rem.-Bal.] Any person who shall solicit, request or demand, directly or indirectly, any money, intoxicating liquor, or any thing of value, or promise thereof, either to influence his vote or to be used, or under the pretense of being used to pro- cure the vote of any other person or persons, to be used at any poll or other place prior to or on the day of any election under this act, for or against any can- didate for office or for or against any measure or ques- tion to be voted upon at such election, shall be guilty of a misdemeanor, and upon trial and conviction thereof, be punished by a fine of not less than $10 nor more than $500, or by imprisonment in the county jail for not less than thirty days nor more than six months, or by both such fine and imprisonment. General Election Laws to Apply. SEC. 33. [4837, Rem.-Bal.] The provisions of the statutes in relation to the holding of elections,, the solicitation of voters at the polls, the challenging of voters, the manner of conducting elections, of counting the ballots and making returns thereof, and all other kindred subjects, including the sale of in- toxicating liquors during the hours the polls are open, shall apply to all primaries in so far as they are con- sistent with this act. Perjury Defined. SEC. 34. [4838, Rem.-Bal.] If any person whose vote is challenged under the provisions of this act shall knowingly, wilfully and corruptly swear or af- STATE OF WASHINGTON 9 firm falsely, he shall be deemed guilty of perjury, and on conviction thereof shall be punished accordingly. Forgery Defined. SEC. 35. [4839, Rem.-Bal.] Any person who shall forge any name of a person as a signer or wit- ness to a nomination paper shall be deemed guilty of forgery, and on conviction thereof punished accord- ingly. Vote for United States Senator to be Certified. SEC. 36. [ 4840, Rem.-Bal.] It shall be the duty of the Secretary of State to certify to both houses of the Legislature, the names of the persons of each political party for whom the highest number of votes were cast at any primary election under the provi- sions of this law at which any persons were candi- dates for the nomination of United States senators, said certificates to be made and filed upon the first day of the session of such Legislature convening next after said primary election. Pledge to Vote for Party Choice for United States Senator. SEC. 37. [ 4841, Rem-Bal.] Any candidate under this act for office of State Senator, or member of the House of Representatives, if he desires to do so, may sign and file with his declaration of candidacy or nom- ination paper, a declaration as follows: I hereby declare to the people of the State of Washington, and particularly of my legislative dis- trict, that during my term of office I will always vote for the candidiate for United States senator who has received the highest number of votes upon my party ticket for the position at the primary election next preceding the election of United States senator; and in such case there shall be printed on the official pri- mary ballot, opposite or just below said candidate's name, the following: "Pledged to vote for party choice for United States senator." 30 PRIMARY ELECTION LAW Judges of Superior and Supreme Courts. SEC. 38. [4832, Rem.-Bal.] Judges of the su- preme and superior courts, state senators and rep- resentatives shall not be considered state officers within the meaning of the provisions of this act relating to first choice and second choice vot- ing. When there are to be elected at any general election one or more judges of the supreme court, or of the superior court of any county, the candidates for each respective office whose names are to be placed on the general election ticket shall be determined as follows: The number of candidates equaling the num- ber of judicial positions to be filled who receive the highest number of votes at the primary election, and an equal number of candidates for such positions, providing there are such candidates, who receive the next highest number of votes, shall be the candidates for such respective offices and their names shall ap- pear on the general election ballot under the designa- tion of such respective offices: Provided, however, That where any candidate for any such office shall receive a majority of all votes cast at such primary election for such office, the name or names of such candidates receiving such majority shall be printed separately on the general election ballot, under the designation "Vote for ," and the name or names of no opposing candidate or candidates shall be printed on such ballot in opposition to such can- didate or candidates, but spaces equalling the num- ber of such majority candidates shall be left follow- ing such name or names, in which the voter may insert the name of any person for whom he wishes to cast his ballot. Following the names of such majority candidates, under the designation "Vote for ," the names of the minority candidates who have received the highest number of votes at the primary election equal to twice the number of the remaining places to be filled shall be printed: Pro- vided, further, That the secretary of state, or other STATE OF WASHINGTON 31 proper certifying officer, in certifying to the several county auditors of the state the names of candidates for judicial offices shall specify the names of those who have received a majority vote at such primary election, together with the names of the minority can- didates who are entitled to have their names placed upon the official ballot. The names of all such can- didates for such judicial offices shall appear on the general election ballot under the heading: "Non- Partisan Judiciary." Where a vacancy or other cause shall necessitate the election of a judge for a short term, and at the same election one or more judges are to be elected for the full term, candidates may an- nounce themselves for either the short or fuh term, and the ballots shall be arranged accordingly. There shall be a separate ballot for the candidates for nomi- nation for such judicial offices, which shall be the general election ballot hereinbefore referred to, and shall be printed, delivered, voted and counted as here- inbefore provided for the general primary election ballot: Provided, That any voter shall have the priv- ilege of voting this ticket alone. The form of said ballot shall be substantially as follows: NON-PARTISAN JUDICIARY TICKET. To vote for a person make a cross (X) in the square at the RIGHT of the name of the person for whom you desire to vote. Judges of Supreme Court Vote for.. Judges cf Superior Court Vote for.. JOHN DOE JOHN DOE JOHN DOE JOHN DOE JOHN DOE JOHN DOE Ch. 101, Laws 1911. Stickers May Be Used. SEC. 39. [4843, Rem.-Bal.] Nothing in this act contained shall prevent any voter from writing or pasting on his ballot or ballots the name of any person for whom he desires to vote for any office, and such vote shall be counted the same as if printed upon the ballot and marked by the voter. INDEX TO PRIMARY ELECTION LAW. ADVERTISEMENTS: Sec. Page Articles about candidates must be so designated 29 26 ATTORNEY GENERAL: Blank forms to be prepared by 27 24 AUDITOR, COUNTY: Certain fees to be paid to by candidates 5 5 Candidates to file declaration with 7 6 List of candidates to be published by 8 Notice of primary election to be published by . . 8 7 Official and sample ballots to be prepared by.. 10 8 AUDITOR, STATE : Member state canvassing board 24 21 B BALLOT, ELECTION: Separate one for each political party 10 8 Form of for primary 10 10 Order of printing names of candidates on 13 15 Errors in printing to be corrected 25 23 Permission to write name of any person 39 31 BALLOT, SAMPLE: Form of for primary election 10 8 Must be printed on colored paper 13 15 BIENNIAL PRIMARIES : Date of holding elections 3 4 BLANK FORMS : Declaration of candidacy 4 4 For making return of election 20 19 To be prepared by Secretary of State and At- torney General 27 24 BOARD, STATE CANVASSING : How constituted, and work of 24 21 C CANDIDACY, DECLARATION OF: Date for filing and form of 4 4 Manner of filing by candidates 7 6 34 INDEX CANDIDATES: Sec. Page Must be nominated at primary election 2 3 Manner of filing declaration by 7 6 List of to be certified by Secretary of State 8 7 List to be published by county auditor 8 7 Order of printing names on ballot 13 15 Not allowed to pay money to newspapers 28 25 Must make sworn itemized expense statement. 30 27 Penalty for failure to file expense account.... 31 27 CANDIDATES, EXPENSES OF: Limited to certain specific purposes 28 25 CANDIDATES, FEES OF: To be paid on filing declaration 5 5 CANDIDATES, NOMINATION OF: Plurality of votes required for 23 20 CANVASSING BOARD, STATE: How constituted and work of 24 21 CANVASSING OF VOTE: Manner of, by election officers 19 18 CHOICE, FIRST AND SECOND : Must be designated by voters 18 17 To be canvassed by election board 23 20 CITY OF FOURTH CLASS: Primary law does not apply to 2 3 CLERK, CITY: Certain fees to be paid to by candidate 5 5 Candidates to file declaration with 7 6 COLORED PAPER : Sample ballots must be printed on 13 15 COMMITTEES, MANNER OF SELECTION : County 22 19 State 22 19 CONGRESS, REPRESENTATIVES IN : Must be nominated at primary election 2 3 CONSTRUED : Words "Primary," "Election," etc., how 1 3 CONTEST : Manner of procedure in 25 23 COUNTY OFFICERS: Nomination of candidates for 2 3 CORRUPT SOLICITATION : By candidates, prohibited 32 28 COURT, SUPREME AND SUPERIOR : Candidates for, not to declare party affiliation. 4 4 DECLARATION OF CANDIDACY: Date for filing and form of 4 4 Manner of filing by candidates 7 6 INDEX 35 DIKE DISTRICT: Sec. Page Primary law does not apply to 2 3 DISTRICT ELECTION: Primary law does not apply to certain 2 3 E ELECTION : Meaning of general of city 1 3 ELECTION BALLOT: Separate one for each political party 10 8 Form of for primary 10 10 Order of printing names of candidates on 13 15 Errors in printing to be corrected 25 23 ELECTION, DISTRICT: Primary law does not apply to certain 2 3 ELECTION LAW: General, apply to primaries 14 16 General, to apply to primary election 33 28 ELECTION OFFICERS : Manner of canvassing votes by 19 18 ELECTION PRIMARY: Meaning of, in this act 1 3 Date of holding biennial 3 4 Method of voting in 10 8 For all parties at same time 11 14 Qualification of voters at 12 14 General election laws apply to 14 16 Hours polls are open for 17 17 General election laws to apply to 33 28 ELECTION RETURNS: Must show first and second choice votes 21 19 ELECTIONS, SPECIAL : Direct primary does not apply to certain 2 3 ELECTIVE OFFICES : Candidates for must be nominated at primary election 2 3 ELECTORS, PRESIDENTIAL : Primary law does not apply to 2 3 To be nominated by political parties 22 19 EXPENSES OF CANDIDATES: Limited to certain specific purposes 28 25 EXPENSES, STATEMENT OF: Itemized and sworn to by candidates 30 27 Penalty for failure of candidates to file. , 31 27 FEES: To be paid to election officers 15 16 FEES OF CANDIDATES : To be paid on filing declaration 5 5 36 INDEX FIRST AND SECOND CHOICE : Sec. Page Must be designated by voters 18 17 To be canvassed by election board 23 20 FORGERY : Definition of and penalty for 35 29 FORMS, BLANK: Declaration of candidacy 4 4 For making returns of election 20 19 To be prepared by Secretary of State and At- torney General 27 24 I INSPECTORS AND JUDGES: Manner of appointment of 15 16 Fees paid for serving as 15 16 IRRIGATION DISTRICT: Primary law does not apply to 2 3 J JUDGES : Manner of nomination of 38 30 JUDGES, INSPECTORS : Manner of appointment of 15 16 Fees paid for serving as 15 16 JUDGES, SUPERIOR COURT: First and second choice votes not to apply to. 38 30 L LAWS, ELECTION: General, to apply to primaries 14 16 General, to apply to primary election 33 28 LEGISLATURE, MEMBERS OF: First and second choice votes not to apply to. 38 30 LIQUOR : Sale prohibited during primaries 33 28 M MUNICIPAL OFFICES : Nomination of candidates for 2 N NEWSPAPERS : Must designate articles about candidates as ad- vertising 29 26 NOMINATION : Of candidates for elective oflSces 2 3 By political party casting less than ten per cent, of votes 26 24 INDEX 37 NOMINATION OF CANDIDATES : Sec. Page Plurality of votes required for. . 23 20 O OFFICERS, ELECTIVE : Nomination of candidates for 2 3 OFFICERS, ELECTION: Manner of canvassing votes by 19 18 P PAPER, COLORED: Sample ballots must be printed on 13 15 PARTY, POLITICAL: Not to be declared by candidates for judgeship 4 4 Certain, may have place on official ballot 6 6 Separate ballot for each 10 8 Members of committee for to be chosen 22 19 Rules and regulations and conventions of . ... 22 19 Presidential electors to be nominated by. ..... 22 19 Nominations by if less than ten per cent, of votes cast by 26 24 PERJURY : Definition of and penalty for 34 28 POLITICAL PARTY : Candidates for judgeship not to declare 4 5 Certain, may have place on official ballot 6 6 Separate ballot for each 10 8 Rules and regulations and conventions by. ... 22 19 Presidential electors to be nominated by 22 19 Members of committee for to be chosen 22 19 Nominations by if less than ten per cent, of votes cast by 26 24 POLLS, PRIMARY ELECTION : Hours open for 17 17 PRECINCT OFFICERS : Nomination of candidates for 2 3 PRESIDENTIAL ELECTORS : Primary law does not apply to 2 3 To be nominated by political parties 22 19 PRIMARY : Term, how construed 1 3 September, meaning of 1 3 Election, meaning of . 1 3 PRIMARY ELECTION : Date of holding biennial 3 4 Method of voting in 10 8 For all parties at same time 11 14 Qualifications of voters at 12 14 General election laws apply to 14 16 Hours polls are open for 17 17 General election laws to apply to 33 28 38 INDEX Q QUALIFICATION OF VOTERS : Sec. Page For primary election 12 14 R REGISTRATION : Required for certain primary election precincts 12 14 RETURNS, ELECTION: Must show first and second choice votes....... 21 19 S SAMPLE BALLOT: Form of for primary elections 10 10 Must be printed on colored paper 13 15 SCHOOL DISTRICT: Primary law does not apply to 2 3 SECOND CHOICE, AND FIRST: Must be designated by voters 18 17 To be canvassed by election board 23 20 SECRETARY OF STATE : Certain fees to be paid to by candidates 5 5 Candidates to file declaration with 7 6 To certify list of candidates to county auditor. 8 7 To provide copies of primary law 15 16 Member of state canvassing board 24 21 Blank forms to be prepared by 27 24 SENATOR, UNITED STATES : To be voted for at primary election 2 3 Vote for to be certified by Secretary of State . . 36 29 Candidate for legislature may pledge for 37 29 SEPTEMBER PRIMARY : Meaning of term 1 3 SHEETS, TALLY: Form of, for making return of election . 20 19 SOLICITATION, CORRUPT : By candidates, prohibited 32 28 SPECIAL ELECTIONS : Direct primary does not apply to certain 2 3 STATE AUDITOR: Member state canvassing board 24 21 STATE CANVASSING BOARD : How constituted, and work of 24 21 STATEMENT OF EXPENSES : Itemized and sworn to by candidates 30 27 Penalty for failure of candidate to file 31 27 STATE OFFICERS : Must be nominated at primary election .. . 2 3 . 39 STATE OFFICES : Sec. Page Nomination of candidates for ................ 2 3 STATE TREASURER : Member state canvassing board .............. 24 21 SUPERIOR COURT : Candidates for not to declare party affiliation. 4 4 SUPERIOR COURT JUDGES : First and second choice votes not to apply to. 38 30 T TALLY SHEETS : Form of, for making return of election ....... 20 19 TERMS, UNEXPIRED: Primary law does not apply to filling ......... 2 TOWN OF FOURTH CLASS : Primary law does not apply to ............... 2 TREASURER, STATE : Certain fees to be paid to ................... 5 Member of state canvassing board ............ 24 21 UNEXPIRED TERMS : Primary law does not apply to filling ......... 2 UNITED STATES SENATORS : To be voted for at primary election .......... 2 3 UNITED STATES SENATOR: Vote for to be certified by Secretary of State. . 36 29 Candidate for legislature may pledge for ..... 37 29 V VACANCIES : Primary law does not apply to filling ......... 2 3 VOTER : Must receive party ballots ................... 12 14 VOTE, CANVASSING OF : Method of, by election officers ............... 19 18 VOTERS, ELECTION: First and second choice to be designated by. . . 18 17 VOTERS, QUALIFICATIONS OF: For primary election ........................ 12 14 VOTES FOR CANDIDATES : Plurality required to nominate ............... 23 20 VOTING : Method of in primary election ............... 10 8 14 DAY USE RETURN TO DESK FROM WHICH BORROWED LOAN DEPT. This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. RENEWALS ONLY r^8^ W L AUG 5 '68 ^9 AM LD 21A-45m-9,'67 (H5067slO)476B General Library University of California Berkeley UATLUKU BROS, MAKERS SYRACUSE, - N.Y. PAT, JAN. 21, 1900 YA 0101 UNIVERSITY OF CALIFORNIA LIBRARY