(1) If
two or more valid certificates of nomination are filed purporting
to nominate different candidates for the same position using the
same party name, the filing officer must give effect to both
certificates. If conflicting claims to the party name are not
resolved either by mutual agreement or by a judicial
determination of the right to the name, the candidates must be
treated as independent candidates. Disputes over the right to
the name must not be permitted to delay the printing of either
ballots or a voters' pamphlet. Other candidates nominated by the
same conventions may continue to use the partisan affiliation
unless a court of competent jurisdiction directs otherwise.
(2) A person affected may petition the superior court of the
county in which the filing officer is located for a judicial
determination of the right to the name of a minor political
party, either before or after documents are filed with the filing
officer. The court shall resolve the conflict between competing
claims to the use of the same party name according to the
following principles: (a) The prior established public use of
the name during previous elections by a party composed of or led
by the same individuals or individuals in documented succession;
(b) prior established public use of the name earlier in the same
election cycle; (c) the nomination of a more complete slate of
candidates for a number of offices or in a number of different
regions of the state; (d) documented affiliation with a national
or statewide party organization with an established use of the
name; (e) the first date of filing of a certificate of
nomination; and (f) such other indicia of an established right to
use of the name as the court may deem relevant. If more than one
filing officer is involved, and one of them is the secretary of
state, the petition must be filed in the superior court for
Thurston county. Upon resolving the conflict between competing
claims, the court may also address any ballot designation for the
candidate who does not prevail.
[2004 c 271 § 155.]