2005 Washington Revised Code RCW 29A.36.170: Top two candidates qualified for general election — Exception. (Effective if unconstitutionality of Initiative Measure No. 872 is reversed by pending appeal.)

(1) For any office for which a primary was held, only the names of the top two candidates will appear on the general election ballot; the name of the candidate who received the greatest number of votes will appear first and the candidate who received the next greatest number of votes will appear second. No candidate's name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast for that office at the preceding primary, if a primary was conducted. On the ballot at the general election for an office for which no primary was held, the names of the candidates shall be listed in the order determined under *RCW 29A.36.130.

(2) For the office of justice of the supreme court, judge of the court of appeals, judge of the superior court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that office or position, only the name of that candidate may be printed for that position on the ballot at the general election.

[2005 c 2 § 6 (Initiative Measure No. 872, approved November 2, 2004); 2003 c 111 § 917. Prior: 1992 c 181 § 2; 1990 c 59 § 95. Formerly RCW 29.30.085.]

Reviser's note: (1) Initiative Measure No. 872 was declared unconstitutional in its entirety in Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005). The decision was under appeal at the time this material was published. *(2) RCW 29A.36.130 was repealed by 2004 c 271 § 193. Later enactment, see RCW 29A.36.131. (3) RCW 29A.36.170 was amended by 2005 c 2 § 6 (Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271 § 193. For rule of construction, see RCW 1.12.025.      Short title -- Intent -- Contingent effective date -- 2005 c 2 (Initiative Measure No. 872): See notes following RCW 29A.52.112.      Effective date -- 1992 c 181: See note following RCW 29A.36.180.      Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.007. RCW 29A.36.170 [2003 c 111 § 917. Prior: 1992 c 181 § 2; 1990 c 59 § 95. Formerly RCW 29.30.085.] Repealed by 2004 c 271 § 193. Notes: 29A.36.170 was amended by 2005 c 2 § 6 (Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271 § 193. For rule of construction, see RCW 1.12.025.