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AN ACT Relating to providing local voters with the authority to select a variety of differing methods to elect local officials; amending RCW 35.18.020, 35.18.270, 35.24.290, 35.61.050, 35A.12.180, 35A.13.220, and 36.32.050; adding a new section to chapter 29.04 RCW; adding new sections to chapter 35.18 RCW; adding new sections to chapter 35.24 RCW; adding new sections to chapter 35.27 RCW; adding a new section to chapter 35.61 RCW; adding a new section to chapter 35A.12 RCW; creating a new section; repealing RCW 35.23.530 and 35.61.060; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The purpose of this act is to provide local voters with a variety of options for the election of officials on governing bodies with council districts, commissioner districts, or director districts, or with a proportion representation system of voting.

This act shall be known as the "citizens' voting rights act of 1994."

NEW SECTION. Sec. 2. A new section is added to chapter 29.04 RCW to read as follows:

The following shall apply to the election of local government officials under a proportional representation system of voting:

(1) Candidates for the positions to be filled shall not run for a specific position but shall run for any of the two or more positions that are to be filled.

(2) The filing period shall be reopened, or a special filing period provided, under chapter 29.15 RCW if the number of persons filing for these positions at the normal filing time is less than the number of positions to be filled.

(3) A primary shall be held to nominate candidates if the number of candidates who file for the positions is greater than twice the number of positions to be filled.

(4) For purposes of voting at a primary to nominate candidates for these positions and at a general election to elect persons to these positions, each voter shall be allowed to cast a number of votes equal to the number of positions to be filled and may distribute these votes among any one or more of the candidates or for one or more names that are written in for these positions.

(5) The number of candidates nominated at a primary shall be twice the number of positions that are to be filled and the candidates who are nominated shall be those persons receiving the greatest numbers of votes.

(6) The persons who are elected at the general election shall be those persons equal in number to the number of positions to be filled receiving the greatest numbers of votes.

Sec. 3. RCW 35.18.020 and 1981 c 260 s 7 are each amended to read as follows:

(1) The number of ((~~councilmen~~)) councilmembers shall be in proportion to the population of the city or town ((~~indicated in its petition for incorporation and thereafter shall be in proportion to its population~~)) as last determined by the office of financial management as follows:

(a) A city or town having not more than two thousand inhabitants, five ((~~councilmen~~)) councilmembers;

(b) A city having more than two thousand, seven ((~~councilmen~~)) councilmembers.

(2) All ((~~councilmen~~)) councilmembers shall be elected at large ((~~or from such wards or districts as may be established by ordinance~~)) unless the councilmembers are elected by council districts, and shall serve for a term of four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170: PROVIDED, HOWEVER, That at the first general municipal election held in the city in accordance with RCW 29.13.020, after the election approving the council-manager plan, the following shall apply:

(a) One ((~~councilman~~)) councilmember shall be nominated and elected from each ((~~ward or such other existing~~)) council district of ((~~said~~)) the city as may have been established for the election of members of the legislative body of the city and the remaining ((~~councilmen~~)) councilmembers shall be elected at large; but if there are no such ((~~wards or~~)) council districts in the city, or at an initial election for the incorporation of ((~~a community~~)) the city, the ((~~councilmen~~)) councilmembers shall be elected at large.

(b) In cities electing five ((~~councilmen~~)) councilmembers, the candidates having the three highest number of votes shall be elected for ((a)) four-year terms of office if the election is held in an odd-numbered year, or for three-year terms of office if the election is held in an even-numbered year, and the other two for ((a)) two-year terms of office if the election is held in an odd-numbered year, or for one-year terms of office if the election is held in an even-numbered year, commencing immediately when qualified in accordance with RCW 29.01.135 and continuing until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170.

(c) In cities electing seven ((~~councilmen~~)) councilmembers, the candidates having the four highest number of votes shall be elected for ((a)) four-year terms of office if the election is held in an odd-numbered year, or for three-year terms of office if the election is held in an even-numbered year, and the other three for ((a)) two-year terms of office if the election is held in an odd-numbered year, or for one-year terms of office if the election is held in an even-numbered year, commencing immediately when qualified in accordance with RCW 29.01.135 and continuing until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170.

(d) In determining the candidates receiving the highest number of votes, only the candidate receiving the highest number of votes in each ((~~ward~~)) council district, as well as the ((~~councilman-at-large or councilmen-at-large~~)) councilmembers who are elected at large, are to be considered.

(3) When a ((~~municipality~~)) city has qualified for an increase in the number of ((~~councilmen~~)) councilmembers from five to seven by virtue of the next succeeding population determination made by the office of financial management ((~~after the majority of the voters thereof have approved operation under the council-manager plan~~)), at the first general municipal election ((~~when~~)) two additional ((~~councilmen are to~~)) councilmembers shall be elected, one of the two additional ((~~councilmen~~)) councilmembers receiving the highest number of votes shall be elected for a four-year term of office and the other additional ((~~councilman~~)) councilmember shall be elected for a two-year term of office. The terms of the two additional ((~~councilmen~~)) councilmembers shall commence immediately when qualified in accordance with RCW 29.01.135.

(4) In the event such population determination as provided in subsection (3) of this section requires an increase in the number of ((~~councilmen~~)) councilmembers, the city or town council shall fill the additional ((~~councilmanic~~)) council positions by appointment not later than thirty days following the release of said population determination, and the appointee shall hold office only until the next regular ((~~city or town~~)) general municipal election at which ((a)) two persons shall be elected ((~~to serve for the remainder of the unexpired term~~)). In the event ((~~such~~)) the population determination results in a decrease in the number of ((~~councilmen, said~~)) councilmembers, the decrease shall not take effect until the next regular ((~~city or town~~)) general municipal election: PROVIDED, That the council shall by ordinance indicate which, if any, of the remaining positions shall be elected at-large or from ((~~wards or~~)) council districts.

(5) If a vacancy in the council occurs, the remaining members shall appoint a person to fill such office only until the next regular general municipal election at which a person shall be elected to serve for the remainder of the unexpired term.

NEW SECTION. Sec. 4. A new section is added to chapter 35.18 RCW to read as follows:

(1) A ballot proposition authorizing a city or town operating under this chapter to use council districts to elect councilmembers shall be submitted to the city or town voters if the council adopts a resolution proposing the change or if a petition proposing the change is filed with the city or town clerk signed by city or town voters equal in number to at least ten percent of the number of voters residing in the city or town. The clerk shall promptly forward the petition to the county auditor who shall certify its sufficiency. The petition or resolution shall specify the number of council districts and the number, if any, of council positions that shall be elected on an at-large basis. A ballot proposition authorizing the use of council districts as described in the petition or resolution shall be submitted to city or town voters at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the date the resolution is adopted or the petition with sufficient valid signatures was submitted.

(2) If the ballot proposition is approved by a simple majority vote of the voters voting on the proposition, the councilmembers shall be elected using council districts commencing at the next primary and general election when such officials are normally elected that occurs at least in the year following the year in which the ballot proposition is approved. The councilmembers shall divide the city or town into council districts by at least the first day in May of the year in which the first election occurs using council districts, if the ballot proposition provides for the use of council districts to elect councilmembers.

(3) The city or town may have from two to either five or seven council districts, depending on the number of councilmembers in the city or town. One councilmember shall be elected from each council district. Councilmembers who are not elected from council districts shall be elected on an at-large basis.

(4) At any time not within six months previous to a municipal general election the council may change the boundaries of existing council districts.

(5) The establishment of council districts and any change in the boundaries of existing council districts shall not affect the terms of office of any councilmembers, and councilmembers shall serve out the remainder of their terms of office in the council districts of their residences at the time of their elections: PROVIDED, That if the creation or change in council districts results in one council district being represented by more than one councilmember, those having the shortest unexpired terms shall be assigned by the council to council districts where there is a vacancy and the councilmembers so assigned shall be deemed to be residents of the council districts to which they are assigned for purposes of those positions being vacant.

(6) Council districts shall be redrawn as provided in chapter 29.70 RCW. Council districts shall be used as follows: (a) Only a resident of the council district may be a candidate for, or hold office as, a councilmember of the council district; (b) only voters residing in the council district may vote at a primary to nominate candidates for a councilmember of the council district; and (c) only voters residing in the council district may vote at a general election to elect a councilmember of the council district.

NEW SECTION. Sec. 5. A new section is added to chapter 35.18 RCW to read as follows:

A ballot proposition authorizing a city or town operating under this chapter to elect councilmembers using a proportional representation system of voting shall be submitted to the city or town voters if the council adopts a resolution proposing the change or if a petition proposing the change is filed with the city or town clerk signed by city or town voters equal in number to at least ten percent of the number of voters residing in the city or town. The clerk shall promptly forward the petition to the county auditor who shall certify its sufficiency. A ballot proposition authorizing the election of councilmembers using a proportional representation system of voting shall be submitted to city or town voters at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the date the resolution is adopted or the petition with sufficient valid signatures was submitted.

If the ballot proposition is approved by a simple majority vote of the voters voting on the proposition, the councilmembers shall be elected using a proportional representation system of voting commencing at the next primary and general election when such officials are normally elected that occurs at least in the year following the year in which the ballot proposition is approved.

The election of councilmembers using a proportional representation system of voting shall be as provided in section 2 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 35.18 RCW to read as follows:

A ballot proposition authorizing a metropolitan park district to elect park commissioners using a proportional representation system of voting shall be submitted to the park district voters if the park commissioners adopt a resolution proposing the change or if a petition proposing the change is filed with the park commissioners signed by park district voters equal in number to at least ten percent of the number of voters residing the park district. The park commissioners shall promptly forward the petition to the county auditor who shall certify its sufficiency. A ballot proposition authorizing the election of park commissioners using a proportional representation system of voting shall be submitted to park district voters at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the date the resolution is adopted or the petition with sufficient valid signatures was submitted.

If the ballot proposition is approved by a simple majority vote of the voters voting on the proposition, the park commissioners shall be elected using a proportional representation system of voting commencing at the next primary and general election when such officials are normally elected that occurs at least in the year following the year in which the ballot proposition is approved.

The election of park commissioners using a proportional representation system of voting shall be as provided in section 2 of this act.

Sec. 7. RCW 35.18.270 and 1979 ex.s. c 126 s 20 are each amended to read as follows:

If the majority of the votes cast at a special election for organization on the council-manager plan favor the plan, the city or town ((~~at its next regular election~~)) shall elect the council required under the council-manager plan in number according to the population ((of the municipality: PROVIDED, That if the date of the next municipal general election is more than one year from the date of the election approving the council-manager plan, a special election shall be held to elect the councilmen; the newly elected councilmen)) at the next state general election occurring one hundred eighty days or more after the election at which voters approved the reorganization. A primary shall be held to nominate candidates if sufficient persons file for a council position at the September special election date immediately preceding this state general election. The initial councilmembers who are elected under the council-manager plan shall assume office immediately when they are qualified in accordance with RCW 29.01.135 following the canvass of votes as certified, with terms of office as specified under RCW 35.18.020, and shall remain in office until their successors are elected ((at the next general municipal election: PROVIDED, That such successor shall hold office for staggered terms as provided in RCW 35.18.020 as now or hereafter amended. Councilmen shall take office at the time provided by general law. Declarations of candidacy for city or town elective positions under the council-manager plan for cities and towns shall be filed with the county auditor as the case may be not more than forty-five nor less than thirty days prior to said special election to elect the members of the city council. Any candidate may file a written declaration of withdrawal at any time within five days after the last day for filing a declaration of candidacy. All names of candidates to be voted upon shall be printed upon the ballot alphabetically in group under the designation of the title of the offices for which they are candidates. There shall be no rotation of names)) and qualified and assume office in accordance with RCW 29.04.170.

NEW SECTION. Sec. 8. A new section is added to chapter 35.24 RCW to read as follows:

(1) A ballot proposition authorizing a third class city to use council districts to elect councilmembers shall be submitted to the city voters if the council adopts a resolution proposing the change or if a petition proposing the change is filed with the city clerk signed by city voters equal in number to at least ten percent of the number of voters residing in the city. The clerk shall promptly forward the petition to the county auditor who shall certify its sufficiency. The petition or resolution shall specify the number of council districts and the number of council positions that shall be elected on an at-large basis, which shall at least include the council position with a two-year term of office. A ballot proposition authorizing the use of council districts as described in the petition or resolution shall be submitted to city voters at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the date the resolution is adopted or the petition with sufficient valid signatures was submitted.

(2) If the ballot proposition is approved by a simple majority vote of the voters voting on the proposition, the councilmembers shall be elected using council districts commencing at the next primary and general election when such officials are normally elected that occurs at least in the year following the year in which the ballot proposition is approved. The councilmembers shall divide the city into council districts by at least the first day in May of the year in which the first election occurs using council districts, if the ballot proposition provides for the use of council districts to elect councilmembers.

(3) The city may have from two to six council districts. One councilmember shall be elected from each council district. Council members who are not elected from council districts shall be elected on an at-large basis.

(4) At any time not within six months previous to a municipal general election the council may change the boundaries of existing council districts.

(5) The establishing of council districts and any change in the boundaries of existing council districts shall not affect the terms of office of any councilmembers, and councilmembers shall serve out the remainder of their terms of office in the council districts of their residences at the time of their elections: PROVIDED, That if the creation or change in council districts results in one council district being represented by more than one councilmember, those having the shortest unexpired terms shall be assigned by the council to council districts where there is a vacancy and the councilmembers so assigned shall be deemed to be residents of the council districts to which they are assigned for purposes of those positions being vacant.

NEW SECTION. Sec. 9. A new section is added to chapter 35.24 RCW to read as follows:

A ballot proposition authorizing a third class city to elect councilmembers using a proportional representation system of voting shall be submitted to the city voters if the council adopts a resolution proposing the change or if a petition proposing the change is filed with the city clerk signed by city voters equal in number to at least ten percent of the number of voters residing in the city. The clerk shall promptly forward the petition to the county auditor who shall certify its sufficiency. A ballot proposition authorizing the election of councilmembers using a proportional representation system of voting shall be submitted to city voters at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the date the resolution is adopted or the petition with sufficient valid signatures was submitted.

The election of councilmembers using a proportional representation system of voting shall be as provided in section 2 of this act. The councilmember who is elected at each general municipal election receiving the least number of votes shall be elected to the two-year term of office.

Sec. 10. RCW 35.24.290 and 1993 c 83 s 6 are each amended to read as follows:

The city council of each third class city shall have power:

(1) To pass ordinances not in conflict with the Constitution and laws of this state or of the United States;

(2) To prevent and regulate the running at large of any or all domestic animals within the city limits or any part thereof and to cause the impounding and sale of any such animals;

(3) To establish, build and repair bridges, to establish, lay out, alter, keep open, open, widen, vacate, improve and repair streets, sidewalks, alleys, squares and other public highways and places within the city, and to drain, sprinkle and light the same; to remove all obstructions therefrom; to establish and reestablish the grades thereof; to grade, plank, pave, macadamize, gravel and curb the same, in whole or in part; to construct gutters, culverts, sidewalks and crosswalks therein or upon any part thereof; to cultivate and maintain parking strips therein, and generally to manage and control all such highways and places; to provide by local assessment for the leveling up and surfacing and oiling or otherwise treating for the laying of dust, all streets within the city limits;

(4) To establish, construct and maintain drains and sewers, and shall have power to compel all property owners on streets and alleys or within two hundred feet thereof along which sewers shall have been constructed to make proper connections therewith and to use the same for proper purposes, and in case the owners of the property on such streets and alleys or within two hundred feet thereof fail to make such connections within the time fixed by such council, it may cause such connections to be made and assess against the property served thereby the costs and expenses thereof;

(5) To provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires;

(6) To impose and collect an annual license on every dog within the limits of the city, to prohibit dogs running at large and to provide for the killing of all dogs not duly licensed found at large;

(7) To license, for the purposes of regulation and revenue, all and every kind of business authorized by law, and transacted and carried on in such city, and all shows, exhibitions and lawful games carried on therein and within one mile of the corporate limits thereof, to fix the rate of license tax upon the same, and to provide for the collection of the same by suit or otherwise;

(8) To improve rivers and streams flowing through such city, or adjoining the same; to widen, straighten and deepen the channel thereof, and remove obstructions therefrom; to improve the water-front of the city, and to construct and maintain embankments and other works to protect such city from overflow; to prevent the filling of the water of any bay, except such filling over tide or shorelands as may be provided for by order of the city council; to purify and prevent the pollution of streams of water, lakes or other sources of supply, and for this purpose shall have jurisdiction over all streams, lakes or other sources of supply, both within and without the city limits. Such city shall have power to provide by ordinance and to enforce such punishment or penalty as the city council may deem proper for the offense of polluting or in any manner obstructing or interfering with the water supply of such city or source thereof;

(9) To erect and maintain buildings for municipal purposes;

(10) To permit, under such restrictions as it may deem proper, and to grant franchises for, the laying of railroad tracks, and the running of cars propelled by electric, steam or other power thereon, and the laying of gas and water pipes and steam mains and conduits for underground wires, and to permit the construction of tunnels or subways in the public streets, and to construct and maintain and to permit the construction and maintenance of telegraph, telephone and electric lines therein;

(11) ((In its discretion to divide the city by ordinance, into a convenient number of wards, not exceeding six, to fix the boundaries thereof, and to change the same from time to time: PROVIDED, That no change in the boundaries of any ward shall be made within sixty days next before the date of a general municipal election, nor within twenty months after the wards have been established or altered. Whenever such city is so divided into wards, the city council shall designate by ordinance the number of councilmen to be elected from each ward, apportioning the same in proportion to the population of the wards. Thereafter the councilmen so designated shall be elected by the qualified electors resident in such ward, or by general vote of the whole city as may be designated in such ordinance. When additional territory is added to the city it may by act of the council, be annexed to contiguous wards without affecting the right to redistrict at the expiration of twenty months after last previous division. The removal of a councilman from the ward for which he was elected shall create a vacancy in such office;

~~(12)~~)) To impose fines, penalties and forfeitures for any and all violations of ordinances, and for any breach or violation of any ordinance to fix the penalty by fine or imprisonment, or both, but no such fine shall exceed five thousand dollars nor the term of such imprisonment exceed the term of one year, except that the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime; or to provide that violations of ordinances constitute a civil violation subject to monetary penalty, but no act that is a state crime may be made a civil violation;

((~~(13)~~)) (12) To establish fire limits, with proper regulations;

((~~(14)~~)) (13) To establish and maintain a free public library;

((~~(15)~~)) (14) To establish and regulate public markets and market places;

((~~(16)~~)) (15) To punish the keepers and inmates and lessors of houses of ill fame, gamblers and keepers of gambling tables, patrons thereof or those found loitering about such houses and places;

((~~(17)~~)) (16) To make all such ordinances, bylaws, rules, regulations and resolutions, not inconsistent with the Constitution and laws of the state of Washington, as may be deemed expedient to maintain the peace, good government and welfare of the corporation and its trade, commerce and manufactures, and to do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter, and to enact and enforce within the limits of such city all other local, police, sanitary and other regulations as do not conflict with general laws;

((~~(18)~~)) (17) To license steamers, boats and vessels used in any bay or other watercourse in the city and to fix and collect such license; to provide for the regulation of berths, landings, and stations, and for the removing of steamboats, sail boats, sail vessels, rafts, barges and other watercraft; to provide for the removal of obstructions to navigation and of structures dangerous to navigation or to other property, in or adjoining the waterfront, except in municipalities in counties in which there is a city of the first class.

NEW SECTION. Sec. 11. A new section is added to chapter 35.27 RCW to read as follows:

(1) A ballot proposition authorizing a town to use council districts to elect councilmembers shall be submitted to the town voters if the council adopts a resolution proposing the change or if a petition proposing the change is filed with the town clerk signed by town voters equal in number to at least ten percent of the number of voters residing in the town. The clerk shall promptly forward the petition to the county auditor who shall certify its sufficiency. The petition or resolution shall specify the number of council districts and the number of council positions that shall be elected on an at-large basis. A ballot proposition authorizing the use of council districts as described in the petition or resolution shall be submitted to town voters at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the date the resolution is adopted or the petition with sufficient valid signatures was submitted.

(2) If the ballot proposition is approved by a simple majority vote of the voters voting on the proposition, the councilmembers shall be elected using council districts commencing at the next primary and general election when such officials are normally elected that occurs at least in the year following the year in which the ballot proposition is approved. The councilmembers shall divide the town into council districts by at least the first day in May of the year in which the first election occurs using council districts, if the ballot proposition provides for the use of council districts to elect councilmembers.

(3) The town may have from two to five council districts. One councilmember shall be elected from each council district. Councilmembers who are not elected from council districts shall be elected on an at-large basis.

(4) At any time not within six months previous to a municipal general election the council of a town may change the boundaries of existing council districts.

NEW SECTION. Sec. 12. A new section is added to chapter 35.27 RCW to read as follows:

A ballot proposition authorizing a town to elect councilmembers using a proportional representation system of voting shall be submitted to the town voters if the council adopts a resolution proposing the change or if a petition proposing the change is filed with the town clerk signed by town voters equal in number to at least ten percent of the number of voters residing in the town. The clerk shall promptly forward the petition to the county auditor who shall certify its sufficiency. A ballot proposition authorizing the election of councilmembers using a proportional representation system of voting shall be submitted to town voters at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the date the resolution is adopted or the petition with sufficient valid signatures was submitted.

The election of councilmembers using a proportional representation system of voting shall be as provided in section 2 of this act.

Sec. 13. RCW 35.61.050 and 1979 ex.s. c 126 s 24 are each amended to read as follows:

(1) At the same election at which the proposition is submitted to the voters as to whether a metropolitan park district is to be formed, five initial park commissioners shall be elected ((to hold office respectively for the following terms: Where the election is held in an odd-numbered year, one commissioner shall be elected to hold office for two years, two shall be elected to hold office for four years, and two shall be elected to hold office for six years. Where the election is held in an even-numbered year, one commissioner shall hold office for three years, two shall hold office for five years, and two shall hold office for seven years)). The election of park commissioners shall be null and void if the metropolitan park district is not created. Candidates shall run for specific commission positions. No primary shall be held to nominate candidates. The person receiving the greatest number of voters for each position shall be elected as a commissioner.

(2) The initial commissioners shall take office immediately when they are elected and qualified((, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January of the year they are elected. The term of each nominee for park commissioner shall be expressed on the ballot)) and their terms of office staggered as follows: (a) The two persons who are elected receiving the two greatest numbers of votes shall be elected to six-year terms of office, if the election is held in an odd-numbered year, or five-year terms of office, if the election is held in an even-numbered year; (b) the two persons who are elected receiving the next two greatest numbers of votes shall be elected to four-year terms of office, if the election is held in an odd-numbered year, or three-year terms of office, if the election is held in an even-numbered year; and (c) the other person who is elected shall be elected to a two-year term of office, if the election is held in an odd-numbered year, or a one-year term of office if the election is held in an even-numbered year. The terms of office of the initial commissioners shall be calculated from the first day in January in the year following their elections. Thereafter, all commissioners shall serve six-year terms of office and until their respective successors are elected and qualified and assume office in accordance with RCW 29.04.170.

(3) Vacancies shall be filled by majority action of the remaining commissioners appointing a voter to fill the remainder of the term of the vacant commissioner position.

NEW SECTION. Sec. 14. A new section is added to chapter 35.61 RCW to read as follows:

(1) A ballot proposition authorizing park commissioners in a metropolitan park district to be elected by commissioner districts shall be submitted to the park district voters if the park commissioners adopt a resolution proposing the change or if a petition proposing the change is filed with the park commissioners signed by park district voters equal in number to at least ten percent of the number of voters residing in the park district. The park commissioners shall promptly forward the petition to the county auditor who shall certify its sufficiency. The petition or resolution shall specify the number of commissioner districts and the number, if any, of commissioner positions that shall be elected on an at-large basis. A ballot proposition authorizing the use of commissioner districts as described in the petition or resolution shall be submitted to park district voters at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the date the resolution is adopted or the petition with sufficient valid signatures was submitted.

(2) If the ballot proposition is approved by a simple majority vote of the voters voting on the proposition, the park commissioners shall be elected using commissioner districts commencing at the next primary and general election when such officials are normally elected that occurs at least in the year following the year in which the ballot proposition is approved. The park commissioners shall divide the park district into the appropriate number of commissioner districts by at least the first day in May of the year in which the first election occurs using commissioner districts.

(3) A metropolitan park district may have from two to five commissioner districts. One park commissioner shall be elected from each commissioner district. Park commissioners who are not elected from commissioner districts shall be elected on an at-large basis.

(4) At any time not within six months previous to a district general election, the park commissioners may change the boundaries of existing commissioner districts.

(5) The establishment of commissioner districts and any change in the boundaries of existing commissioner districts shall not affect the terms of office of any park commissioner, and park commissioners shall serve out the remainder of their terms of office in the commission districts of their residences at the time of their elections: PROVIDED, That if the creation or change in commissioner districts results in one commissioner district being represented by more than one park commissioner, those having the shortest unexpired terms shall be assigned by the park commission to commissioner districts where there is a vacancy and the park commissioners so assigned shall be deemed to be residents of the commissioner districts to which they are assigned for purposes of those positions being vacant.

(6) Commissioner districts shall be redrawn as provided in chapter 29.70 RCW. Commissioner districts shall be used as follows: (a) Only a resident of the commissioner district may be a candidate for, or hold office as, a park commissioner of the commissioner district; (b) only voters residing in the commissioner district may vote at a primary to nominate candidates for a park commissioner of the commissioner district; and (c) only voters residing in the commissioner district may vote at a general election to elect a park commissioner of the commissioner district.

Sec. 15. RCW 35A.12.180 and 1967 ex.s. c 119 s 35A.12.180 are each amended to read as follows:

(1) A ballot proposition authorizing a noncharter code city organized under this chapter to use council districts to elect councilmembers shall be submitted to the city voters if the council adopts a resolution proposing the change or if a petition proposing the change is filed with the city clerk signed by city voters equal in number to at least ten percent of the number of voters residing in the city. The clerk shall promptly forward the petition to the county auditor who shall certify its sufficiency. The petition or resolution shall specify the number of council districts and the number, if any, of council positions that shall be elected on an at-large basis. A ballot proposition authorizing the use of council districts as described in the petition or resolution shall be submitted to city voters at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the date the resolution is adopted or the petition with sufficient valid signatures was submitted.

(2) If the ballot proposition is approved by a simple majority vote of the voters voting on the proposition, the councilmembers shall be elected using council districts commencing at the next primary and general election when such officials are normally elected that occurs at least in the year following the year in which the ballot proposition is approved. The councilmembers shall divide the city into districts by at least the first day in May of the year in which the first election occurs using districts, if the ballot proposition provides for the use of districts to elect councilmembers.

(3) A code city may have from two to either five or seven council districts, depending on the number of councilmembers in the city. One councilmember shall be elected from each council district. Councilmembers who are not elected from council districts shall be elected on an at-large basis.

(4) At any time not within ((~~three~~)) six months previous to a municipal general election the council of a noncharter code city organized under this chapter may ((~~divide the city into wards or~~)) change the boundaries of existing ((~~wards. No~~)) council districts.

(5) The establishing of council districts and any change in the boundaries of ((~~wards~~)) existing council districts shall not affect the terms of office of any ((~~councilman, but he~~)) councilmembers, and councilmembers shall serve out ((~~his~~)) the remainder of their terms of office in the ((~~ward~~)) council districts of ((~~his~~)) their residences at the time of ((~~his~~)) their elections: PROVIDED, That if ((~~this~~)) the creation or change in council districts results in one ((~~ward~~)) council district being represented by more ((~~councilmen than the number to which it is entitled~~)) than one councilmember those having the shortest unexpired terms shall be assigned by the council to ((~~wards~~)) council districts where there is a vacancy((. The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable. When the city has been divided into wards no person shall be eligible to the office of councilman unless he resides in the ward for which he is elected on the date of his election, and removal of his residence from the ward for which he was elected renders his office vacant)) and the councilmembers so assigned shall be deemed to be residents of the council districts to which they are assigned for purposes of those positions being vacant.

NEW SECTION. Sec. 16. A new section is added to chapter 35A.12 RCW to read as follows:

A ballot proposition authorizing a noncharter code city organized under this chapter to elect councilmembers using a proportional representation system of voting shall be submitted to the city voters if the council adopts a resolution proposing the change or if a petition proposing the change is filed with the city clerk signed by city voters equal in number to at least ten percent of the number of voters residing in the city. The clerk shall promptly forward the petition to the county auditor who shall certify its sufficiency. A ballot proposition authorizing the election of councilmembers using a proportional representation system of voting shall be submitted to city voters at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the date the resolution is adopted or the petition with sufficient valid signatures was submitted.

The election of councilmembers using a proportional representation system of voting shall be as provided in section 2 of this act.

Sec. 17. RCW 35A.13.220 and 1967 ex.s. c 119 s 35A.13.220 are each amended to read as follows:

A code city organized under this chapter ((~~may~~)) shall be divided into ((~~wards~~)) council districts as provided in RCW 35A.12.180 or elect councilmembers using a proportional representation system of voting as provided in section 16 of this act.

Sec. 18. RCW 36.32.050 and 1963 c 4 s 36.32.050 are each amended to read as follows:

(1) Except as provided under subsection (2) of this section, county commissioners shall be elected by the ((~~qualified~~)) registered voters of the entire county and the person receiving the highest number of votes for the office of commissioner for the district in which he or she resides shall be declared duly elected from that district.

(2) A ballot proposition authorizing the election of each county commissioner by the voters of a separate county commissioner district, instead of the voters of the entire county, shall be submitted to the county voters if the board of county commissioners adopts a resolution proposing the change or if a petition proposing the change is filed with the county auditor signed by county voters equal in number to at least ten percent of the number of voters residing in the county. The auditor shall certify the sufficiency of the signatures on the petition. A ballot proposition authorizing the election of each county commissioner by the voters of a separate commissioner district shall be submitted to county voters at the next special election date specified under RCW 29.13.010 occurring sixty or more days after the date the resolution is adopted or the petition with sufficient valid signatures was submitted.

If the ballot proposition is approved by a simple majority vote of the voters voting on the proposition, each county commissioner shall be elected by the voters of his or her county commissioner district commencing at the next general election.

NEW SECTION. Sec. 19. The following acts or parts of acts are each repealed:

(1) RCW 35.23.530 and 1965 c 7 s 35.23.530; and

(2) RCW 35.61.060 and 1985 c 416 s 2 & 1965 c 7 s 35.61.060.

NEW SECTION. Sec. 20. This act shall take effect January 1, 1995.