H-0196.1

HOUSE BILL 1156

ByRepresentatives Harris-Talley, Gregerson, Shewmake, Ormsby, Chopp, Lekanoff, Davis, Frame, Macri, Duerr, Pollet, Goodman, Berg, Taylor, Walsh, Rule, Ortiz-Self, Berry, Peterson, Thai, Wicks, Bateman, J. Johnson, Simmons, Fitzgibbon, Ramel, and Dolan

AN ACT Relating to increasing representation and voter participation in local elections; amending RCW 29A.60.221, 29A.52.112, 29A.52.210, 29A.52.220, 29A.24.010, 36.32.040, 36.32.050, 35A.12.040, 28A.343.320, 29A.04.330, 35.17.020, 35.18.270, 35.23.051, 35.27.090, 35.30.080, 35.61.050, 35A.02.050, 36.32.030, 36.32.0554, 36.69.070, 36.69.090, 36.93.051, 36.93.061, 29A.92.070, 29A.92.080, and 29A.92.130; reenacting and amending RCW 29A.36.170; adding a new section to chapter 29A.52 RCW; adding new sections to chapter 29A.04 RCW; adding a new section to chapter 52.14 RCW; adding a new section to chapter 53.12 RCW; creating new sections; repealing RCW 29A.04.127; providing an effective date; and providing an expiration date.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 29A.52 RCW to read as follows:

(1) Except as provided in subsections (2) and (3) of this section, a county, city, town, school district, fire district, or port district may conduct its elections using ranked choice voting. A county, city, town, school district, fire district, or port district that adopts ranked choice voting may, but need not, use ranked choice voting for all offices in an election.

(2) A city, town, school district, fire district, or port district that has voters in more than one county may conduct an election using ranked choice voting only if:

(a) Another city, town, or district that lies entirely within at least two of the counties in which the city, town, or district has voters uses ranked choice voting; or

(b) A court orders the use of ranked choice voting as provided in this section as a remedy under RCW 29A.92.110.

(3) Ranked choice voting may not be used in an election for an office for which two or fewer candidates are competing.

(4) An election using ranked choice voting must meet the following requirements:

(a) The county auditor shall design the ballot to allow a voter to rank the candidates for a particular office in order of preference, including one write-in candidate;

(b) The county auditor must allow a voter to rank at least five candidates per office. The secretary of state must adopt rules that determine the maximum number of candidates per office that a voter is allowed to rank on a ballot;

(c) A voter does not need to rank the maximum number of candidates. The county auditor shall count a ballot regardless of how many candidates the voter has ranked. The county auditor shall not assign votes for rankings made by a voter that are greater than the maximum number of rankings allowed for each office;

(d) If a voter skips one or more numbers in ranking candidates, or ranks an invalid write-in candidate, the county auditor shall assign any votes after the skipped number to the voter's next-highest ranked candidates as if the voter had not skipped the number;

(e) If a voter provides the same number ranking to more than one candidate, the county auditor may not assign that vote ranking to any candidate and may not assign a vote for any subsequent number ranking for that office;

(f) If the election is a single-winner contest, including an election in which multiple positions with the same name, district number, or title are dealt with as separate offices, the winner of each contest must be determined using the instant runoff voting method, as defined in this section and further provided in secretary of state rules. If the election is a multiple-winner contest in which the positions are not dealt with as separate offices, the winners must be determined using the single transferable vote method, as defined in this section and further provided in secretary of state rules;

(g) If the requisite number of officers have not been elected, or selected to continue to further rounds of vote tabulation, by reason of two or more persons having an equal and highest number of votes for the same office, the official empowered by state law to issue the original certificate of election shall resolve the tie using the tie-breaking method selected by the county, city, town, or district as provided in RCW 29A.60.221.

(5) A county, city, town, or district that conducts an election using ranked choice voting must either:

(a) Eliminate the primary for the election; or

(b) Hold a primary using the single transferable vote method to winnow candidates for the election to a final list of five candidates.

(6) A county, city, town, or district that adopts ranked choice voting before 2022 shall implement ranked choice voting for elections beginning in 2024. A county, city, town, or district that adopts ranked choice voting during or after 2022 must implement ranked choice voting within two years following its adoption.

(7) The county auditor whose county encompasses a county, city, town, or district that adopts ranked choice voting shall assist with the implementation of the system. If a city, town, or district has voters in two or more counties, each county auditor in which the city, town, or district has voters shall assist with implementation.

(8) The secretary of state, before July 1, 2023, and in consultation with the ranked choice voting work group created in section 15 of this act, shall adopt rules to administer this section. The secretary's rules must address, at minimum:

(a) Procedures for administering an election that includes voters in more than one county as provided in subsection (2) of this section;

(b) Procedures for tabulating votes under the instant runoff voting method and single transferable vote method as provided in subsection (4) of this section; and

(c) The maximum number of candidates a voter is allowed to rank for each office as provided in subsection (4) of this section.

(9) The secretary of state shall develop educational materials for the public and provide training for county auditors to implement ranked choice voting.

(10) As used in this section:

(a) "Ranked choice voting" means a system of counting votes in which votes are tabulated based on a voter's ranking of candidates in order of preference as provided in this section.

(b) "Instant runoff voting method" means a system of counting votes in which the ballots are counted in rounds simulating a series of runoffs until two candidates remain or until one candidate has a majority of all votes counting in that round. The candidate having the greatest number of votes is declared the winner.

(c) "Single transferable vote method" means a system of counting votes in which a winning threshold is calculated based on the number of seats to be filled and the number of votes cast so that no more than the correct number of candidates can win. The ballots must be counted in rounds, with surplus votes transferred from winning candidates and candidates with the fewest votes eliminated according to the methodology established by the secretary of state in rules adopted under subsection (8) of this section, until the number of candidates remaining equals the number of seats to be filled.

Sec. 2. RCW 29A.60.221 and 2004 c 271 s 176 are each amended to read as follows:

(1) Except as provided in subsection (3) of this section, if the requisite number of any federal, state, county, city, or district offices have not been nominated in a primary by reason of two or more persons having an equal and requisite number of votes for being placed on the general election ballot, the official empowered by state law to certify candidates for the general election ballot shall give notice to the several persons so having the equal and requisite number of votes to attend at the appropriate office at the time designated by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared nominated and placed on the general election ballot.

(2) Except as provided in subsection (3) of this section, if the requisite number of any federal, state, county, city, district, or precinct officers have not been elected by reason of two or more persons having an equal and highest number of votes for one and the same office, the official empowered by state law to issue the original certificate of election shall give notice to the several persons so having the highest and equal number of votes to attend at the appropriate office at the time to be appointed by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared duly elected, and the official shall make out and deliver to the person thus duly declared elected a certificate of election.

NEW SECTION.  Sec. 3. A new section is added to chapter 29A.04 RCW to read as follows:

"Primary" or "primary election" means a procedure for winnowing candidates for public office to a final list of two as part of a special or general election, or to a final list of five in a county, city, town, or district election that uses ranked choice voting as provided in section 1 of this act. Each voter has the right to cast a vote for any candidate for each office without any limitation based on party preference or affiliation, of either the voter or the candidate.

Sec. 4. RCW 29A.36.170 and 2013 c 143 s 1 and 2013 c 11 s 45 are each reenacted and amended to read as follows:

For any office for which a primary was held, only the names of the top two candidates will appear on the general election ballot, unless the election will be conducted using ranked choice voting as provided in section 1 of this act, in which case only the names of the top five 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 pursuant to RCW 29A.36.131.

Sec. 5. RCW 29A.52.112 and 2014 c 7 s 1 are each amended to read as follows:

(1) A primary is a first stage in the public process by which voters elect candidates to public office.

(2) Whenever candidates for a partisan office are to be elected, the general election must be preceded by a primary conducted under this chapter, unless the county, city, town, or district is conducting the general election using ranked choice voting as provided in section 1 of this act and has chosen not to use a primary. Based upon votes cast at the primary, the top two candidates, or the top five candidates in a primary for a general election conducted using ranked choice voting as provided in section 1 of this act, will be certified as qualified to appear on the general election ballot((, unless only one candidate qualifies as provided in RCW 29A.36.170)).

(3) No primary may be held for any single county partisan office to fill an unexpired term if, after the last day allowed for candidates to withdraw((,)):

(a) Only one candidate has filed for the position; or

(b) In a primary for a general election conducted using ranked choice voting as provided in section 1 of this act, five or fewer candidates have filed for the position.

(4) For partisan office, if a candidate has expressed a party preference on the declaration of candidacy, then that preference will be shown after the name of the candidate on the primary and general election ballots as set forth in rules of the secretary of state. A candidate may choose to express no party preference. Any party preferences are shown for the information of voters only and may in no way limit the options available to voters.

Sec. 6. RCW 29A.52.210 and 2013 c 11 s 51 are each amended to read as follows:

All city and town primaries shall be nonpartisan. Primaries for special purpose districts, except those districts that require ownership of property within the district as a prerequisite to voting, shall be nonpartisan. City, town, and district primaries shall be held as provided in RCW 29A.04.311.

The purpose of this section is to establish the holding of a primary, subject to the exemptions in RCW 29A.52.220, as a uniform procedural requirement to the holding of city, town, and district elections. However, a city, town, or district that conducts an election using ranked choice voting as provided in section 1 of this act may choose not to use a primary. These provisions supersede any and all other statutes, whether general or special in nature, having different election requirements.

Sec. 7. RCW 29A.52.220 and 2013 c 195 s 1 are each amended to read as follows:

(1) No primary may be held for any single position in any nonpartisan office if, after the last day allowed for candidates to withdraw, there are no more than two candidates filed for the position, or in a primary for a general election conducted using ranked choice voting as provided in section 1 of this act, there are no more than five candidates filed for the position. The county auditor shall as soon as possible notify all the candidates so affected that the office for which they filed will not appear on the primary ballot.

(2) No primary may be held for an office in a county, city, town, or district that is conducting the general election using ranked choice voting as provided in section 1 of this act and has chosen not to use a primary.

(3) No primary may be held for the office of commissioner of a park and recreation district or for the office of cemetery district commissioner.

(((3)))(4) Names of candidates for offices that do not appear on the primary ballot shall be printed upon the general election ballot in the manner specified by RCW 29A.36.131.

Sec. 8. RCW 29A.24.010 and 2003 c 111 s 601 are each amended to read as follows:

(1) Not less than thirty days before the first day for filing declarations of candidacy under RCW 29A.24.050 for legislative, judicial, county, city, town, or district office, where more than one position with the same name, district number, or title will be voted upon at the succeeding election, the filing officer shall designate the positions to be filled by number, except as provided in subsection (3) of this section.

(2) The positions so designated shall be dealt with as separate offices for all election purposes. With the exception of the office of justice of the supreme court, the position numbers shall be assigned, whenever possible, to reflect the position numbers that were used to designate the same positions at the last full-term election for those offices.

Sec. 9. RCW 36.32.040 and 2018 c 113 s 205 are each amended to read as follows:

(1) Except as provided in subsections (2) and (3) of this section, the qualified electors of each county commissioner district, and they only, shall nominate from among their own number, candidates for the office of county commissioner of such commissioner district to be voted for at the following general election. Such candidates shall be nominated in the same manner as candidates for other county and district offices are nominated in all other respects.

(2) Except as provided in subsection (3) of this section, where the commissioners of a county composed entirely of islands with a population of less than thirty-five thousand have chosen to divide the county into unequal-sized commissioner districts pursuant to the exception provided in RCW 36.32.020, the qualified electors of the entire county shall nominate from among their own number who reside within a commissioner district, candidates for the office of county commissioner of such commissioner district to be voted for at the following general election. Such candidates shall be nominated in the same manner as candidates for other county offices are nominated in all other respects.

(3) A county may conduct an election for county commissioners using ranked choice voting as defined in section 1 of this act.

(4) The commissioners of any county may authorize a change to their electoral system pursuant to RCW 29A.92.040.

Sec. 10. RCW 36.32.050 and 2018 c 301 s 7 are each amended to read as follows:

(1) Except as provided otherwise in subsection (2) of this section or this chapter, county commissioners shall be elected by the qualified voters of the 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) Beginning in 2022, in any noncharter county with a population of four hundred thousand or more, county commissioners must be nominated and elected by the qualified electors of the commissioner district in which he or she resides. The person receiving the highest number of votes at a general election for the office of commissioner for the district in which he or she resides must be declared duly elected from that district.

Sec. 11. RCW 35A.12.040 and 2015 c 53 s 52 are each amended to read as follows:

(1) Officers shall be elected at biennial municipal elections to be conducted as provided in chapter 35A.29 RCW. The mayor and the councilmembers shall be elected for four-year terms of office and until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280. At any first election upon reorganization, councilmembers shall be elected as provided in RCW 35A.02.050. Thereafter the requisite number of councilmembers shall be elected biennially as the terms of their predecessors expire and shall serve for terms of four years. Except as provided in subsection (2) of this section, the positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes. Election to positions on the council shall be by majority vote from the city at large, unless provision is made by charter or ordinance for election by wards. The mayor and councilmembers shall qualify by taking an oath or affirmation of office and as may be provided by law, charter, or ordinance.

Sec. 12. RCW 28A.343.320 and 2015 c 53 s 11 are each amended to read as follows:

(1) Candidates for the position of school director shall file their declarations of candidacy as provided in Title 29A RCW.

(2) Except as provided in subsection (3) of this section, the positions of school directors in each district shall be dealt with as separate offices for all election purposes, and where more than one position is to be filled, each candidate shall file for one of the positions so designated: PROVIDED, That in school districts containing director districts, or a combination of director districts and director at large positions, candidates shall file for such director districts or at large positions. Position numbers shall be assigned to correspond to director district numbers to the extent possible.

NEW SECTION.  Sec. 13. A new section is added to chapter 52.14 RCW to read as follows:

A board of fire commissioners may conduct an election for fire commissioner using ranked choice voting as provided in section 1 of this act.

NEW SECTION.  Sec. 14. A new section is added to chapter 53.12 RCW to read as follows:

A port commission may conduct an election for port commissioner using ranked choice voting as provided in section 1 of this act.

(2) The work group shall consist of:

(a) A member from the office of the secretary of state, chosen by the secretary;

(b) A member from the Washington state association of county auditors, chosen by the association; and

(c) A member from an organization with expertise in ranked choice voting. The governor shall solicit applications and choose the organization for the work group. The organization shall choose its member for the work group.

(3) The work group shall advise and aid the secretary of state in drafting rules to implement this act, as provided in section 1 of this act.

(4) This section expires December 1, 2023.

Sec. 17. RCW 29A.04.330 and 2015 c 146 s 2 are each amended to read as follows:

(1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November. General elections shall be held in the odd-numbered years unless the city, town, or district has chosen, by ordinance or similar legislative act, to hold its general elections in the even-numbered years.

This section shall not apply to:

(a) Elections for the recall of any elective public officer;

(b) Public utility districts, conservation districts, or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;

(c) Consolidation proposals as provided for in RCW 28A.315.235 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW; and

(d) Special flood control districts consisting of three or more counties.

(2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor prior to the proposed election date, shall call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. Such a special election shall be held on one of the following dates as decided by the governing body:

(a) The second Tuesday in February;

(b) The fourth Tuesday in April;

(c) The day of the primary election as specified by RCW 29A.04.311; or

(d) The first Tuesday after the first Monday in November.

(3) A resolution calling for a special election on a date set forth in subsection (2)(a) and (b) of this section must be presented to the county auditor at least sixty days prior to the election date. A resolution calling for a special election on a date set forth in subsection (2)(c) of this section must be presented to the county auditor no later than the Friday immediately before the first day of regular candidate filing. A resolution calling for a special election on a date set forth in subsection (2)(d) of this section must be presented to the county auditor no later than the day of the primary.

(4) In addition to subsection (2)(a) through (d) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire, flood, earthquake, or other act of God, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2)(c) and (d) of this section. Such special election shall be conducted and notice thereof given in the manner provided by law.

(5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections.

NEW SECTION.  Sec. 18. A new section is added to chapter 29A.04 RCW to read as follows:

Whenever a city, town, or district chooses to switch its general elections between odd and even-numbered years as permitted by RCW 29A.04.330, and as a result the term of office of an elected official is scheduled to expire under RCW 29A.60.280 but a general election for that office has not yet been held, the elected official shall continue to serve an additional year until a successor is elected and qualified and assumes office in accordance with RCW 29A.60.280.

Sec. 19. RCW 35.17.020 and 2013 c 11 s 87 are each amended to read as follows:

(1) All regular elections in cities organized under the statutory commission form of government shall be held ((quadrennially in the odd-numbered years)) on the dates provided in RCW 29A.04.330. ((However, after commissioners are elected at the next general election occurring in 1995 or 1997, regular elections in cities organized under a statutory commission form of government shall be held biennially at municipal general elections.))

(2) The commissioners shall be nominated and elected at large. Their terms shall be for four years and until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280. ((However, at the next regular election of a city organized under a statutory commission form of government, the terms of office of commissioners shall occur with the person who is elected as a commissioner receiving the least number of votes being elected to a two-year term of office and the other two persons who are elected being elected to four-year terms of office. Thereafter, commissioners shall be elected to four-year terms of office.))

(3) Vacancies on a commission shall occur and shall be filled as provided in chapter 42.12 RCW.

Sec. 20. RCW 35.18.270 and 1994 c 223 s 13 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 shall elect the council required under the council-manager plan in number according to its population at the next municipal general election. However, special elections shall be held to nominate and elect the new city councilmembers at the next primary and general election ((held in an even-numbered year)) if the next municipal general election is more than one year after the date of the election at which the voters approved the council-manager plan. The staggering of terms of office shall occur at the election when the new councilmembers are elected, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office if the election is held in an ((odd-numbered))on-cycle year, or three-year terms of office if the election is held in an ((even-numbered))off-cycle year, and the remainder of the persons elected as councilmembers shall be elected to two-year terms of office if the election is held in an ((odd-numbered))on-cycle year, or one-year terms of office if the election is held in an ((even-numbered))off-cycle year. The initial councilmembers shall take office immediately when they are elected and qualified, but the lengths of their terms of office shall be calculated from the first day in January in the year following the election.

Sec. 21. RCW 35.23.051 and 2019 c 454 s 5 are each amended to read as follows:

General municipal elections in second-class cities shall be held biennially ((in the odd-numbered years))on the date provided in RCW 29A.04.330 and shall be subject to general election law.

The terms of office of the mayor, city attorney, clerk, and treasurer shall be four years and until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280: PROVIDED, That if the offices of city attorney, clerk, and treasurer are made appointive, the city attorney, clerk, and treasurer shall not be appointed for a definite term: PROVIDED FURTHER, That the term of the elected treasurer shall not commence in the same biennium in which the term of the mayor commences, nor in which the terms of the city attorney and clerk commence if they are elected.

Council positions shall be numbered in each second-class city so that council position seven has a two-year term of office and council positions one through six shall each have four-year terms of office. Each councilmember shall remain in office until a successor is elected and qualified and assumes office in accordance with RCW 29A.60.280.

In its discretion the council of a second-class city may divide the city by ordinance, into a convenient number of wards, not exceeding six, fix the boundaries of the wards, and change the ward boundaries from time to time and as provided in RCW 29A.76.010. No change in the boundaries of any ward shall be made within one hundred twenty days next before the date of a general municipal election, nor within twenty months after the wards have been established or altered unless pursuant to RCW 29A.92.040 or 29A.92.110. However, if a boundary change results in one ward being represented by more councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant.

Whenever such city is so divided into wards, the city council shall designate by ordinance the number of councilmembers to be elected from each ward, apportioning the same in proportion to the population of the wards. Thereafter the councilmembers so designated shall be elected by the voters resident in such ward, or by general vote of the whole city as may be designated in such ordinance. Council position seven shall not be associated with a ward and the person elected to that position may reside anywhere in the city and voters throughout the city may vote at a primary to nominate candidates for position seven, when a primary is necessary, and at a general election to elect the person to council position seven. Additional territory that is added to the city shall, 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 councilmember from the ward for which he or she was elected shall create a vacancy in such office.

Wards shall be redrawn as provided in chapter 29A.76 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist.

Sec. 22. RCW 35.27.090 and 2009 c 549 s 2056 are each amended to read as follows:

All general municipal elections in towns shall be held biennially ((in the odd-numbered years as))on the date provided in RCW 29A.04.330. The term of office of the mayor and treasurer shall be four years and until their successors are elected and qualified and assume office in accordance with RCW ((29A.20.040))29A.60.280: PROVIDED, That the term of the treasurer shall not commence in the same biennium in which the term of the mayor commences. Councilmembers shall be elected for four year terms and until their successors are elected and qualified and assume office in accordance with RCW ((29A.20.040))29A.60.280; three at one election and two at the next succeeding biennial election.

Sec. 23. RCW 35.30.080 and 2015 c 53 s 42 are each amended to read as follows:

(1) When a majority of the legislative body of an unclassified city determines that it would serve the best interests and general welfare of such municipality to change the election procedures of such city to the procedures specified in this section, such legislative body may, by resolution, declare its intention to adopt such procedures for the city. Such resolution must be adopted at least one hundred eighty days before the general municipal election at which the new election procedures are implemented. Within ten days after the passage of the resolution, the legislative body shall cause it to be published at least once in a newspaper of general circulation within the city.

(2) All general municipal elections in an unclassified city adopting a resolution under subsection (1) of this section shall be held biennially ((in the odd-numbered years as))on the date provided in RCW 29A.04.330 and shall be held in accordance with the general election laws of the state.

The term of the treasurer shall not commence in the same biennium in which the term of the mayor commences. Candidates for the city council shall run for specific council positions. The staggering of terms of city officers shall be established at the first election, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office and the remainder of the persons elected as councilmembers and the treasurer shall be elected to two-year terms of office. Thereafter, all elected city officers shall be elected for four-year terms and until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280.

Sec. 24. RCW 35.61.050 and 2015 c 53 s 44 are each amended to read as follows:

(1) The resolution or petition submitting the ballot proposition shall designate the composition of the board of metropolitan park commissioners from among the alternatives provided under subsections (2) through (4) of this section. The ballot proposition shall clearly describe the designated composition of the board.

(2) The commissioners of the district may be selected by election, in which case 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 park commissioners shall be elected. 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 votes for each position shall be elected as a commissioner. The staggering of the terms of office shall occur 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))on-cycle year or five-year terms of office if the election is held in an ((even-numbered))off-cycle 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))on-cycle year or three-year terms of office if the election is held in an ((even-numbered))off-cycle 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))on-cycle year or a one-year term of office if the election is held in an ((even-numbered))off-cycle year. 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 in the year after they are elected. Thereafter, all commissioners shall be elected to six-year terms of office. All commissioners shall serve until their respective successors are elected and qualified and assume office in accordance with RCW 29A.60.280. Vacancies shall occur and shall be filled as provided in chapter 42.12 RCW.

(3) In a district wholly located within a city or within the unincorporated area of a county, the governing body of such city or legislative authority of such county may be designated to serve in an ex officio capacity as the board of metropolitan park commissioners, provided that when creation of the district is proposed by citizen petition, the city or county approves by resolution such designation.

(4) Where the proposed district is located within more than one city, more than one county, or any combination of cities and counties, each city governing body and county legislative authority may be designated to collectively serve ex officio as the board of metropolitan park commissioners through selection of one or more members from each to serve as the board, provided that when creation of the district is proposed by citizen petition, each city governing body and county legislative authority approve by resolution such designation. Within six months of the date of certification of election results approving creation of the district, the size and membership of the board shall be determined through interlocal agreement of each city and county. The interlocal agreement shall specify the method for filling vacancies on the board.

(5) Metropolitan park districts created by a vote of the people prior to June 13, 2002, may not change the composition and method of selection of their governing authority without approval of the voters. Should such a change be desired, the board of park commissioners shall submit a ballot proposition to the voters of the metropolitan park district.

Sec. 25. RCW 35A.02.050 and 2015 c 53 s 48 are each amended to read as follows:

The first election of officers where required for reorganization under a different general plan of government newly adopted in a manner provided in RCW 35A.02.020, 35A.02.030, 35A.06.030, or 35A.06.060, as now or hereafter amended, shall be at the next general municipal election if one is to be held more than ninety days but not more than one hundred and eighty days after certification of a reorganization ordinance or resolution, or otherwise at a special election to be held for that purpose in accordance with RCW 29A.04.330. In the event that the first election of officers is to be held at a general municipal election, such election shall be preceded by a primary election pursuant to RCW 29A.52.210 and 29A.04.311. In the event that the first election of all officers is to be held at a special election rather than at a general election, and notwithstanding any provisions of any other law to the contrary, such special election shall be preceded by a primary election to be held on a date authorized by RCW 29A.04.321, and the persons nominated at that primary election shall be voted upon at the next succeeding special election that is authorized by RCW 29A.04.321: PROVIDED, That in the event the ordinances calling for reclassification or reclassification and reorganization under the provisions of ((Title 35A RCW))this title have been filed with the secretary of state pursuant to RCW 35A.02.040 in an ((even-numbered))off-cycle year at least ninety days prior to a state general election then the election of new officers shall be concurrent with the state primary and general election and shall be conducted as set forth in general election law.

Upon reorganization, candidates for all offices shall file or be nominated for and successful candidates shall be elected to specific council positions. The initial terms of office for those elected at a first election of all officers shall be as follows: (1) A simple majority of the persons who are elected as councilmembers receiving the greatest numbers of votes and the mayor in a city with a mayor-council plan of government shall be elected to four-year terms of office, if the election is held in an ((odd-numbered))on-cycle year, or three-year terms of office, if the election is held in an ((even-numbered))off-cycle year; and (2) the other persons who are elected as councilmembers shall be elected to two-year terms of office, if the election is held in an ((odd-numbered))on-cycle year, or one-year terms of office, if the election is held in an ((even-numbered))off-cycle year. The newly elected officials shall take office immediately when they are elected and qualified, but the length of their terms of office shall be calculated from the first day of January in the year following the election. Thereafter, each person elected as a councilmember or mayor in a city with a mayor-council plan of government shall be elected to a four-year term of office. Each councilmember and mayor in a city with a mayor-council plan of government shall serve until a successor is elected and qualified and assumes office as provided in RCW 29A.60.280.

The former officers shall, upon the election and qualification of new officers, deliver to the proper officers of the reorganized noncharter code city all books of record, documents and papers in their possession belonging to such municipal corporation before the reorganization thereof.

Sec. 26. RCW 36.32.030 and 2018 c 301 s 6 are each amended to read as follows:

(1) Except as provided otherwise in subsection (2) of this section, the terms of office of county commissioners shall be four years and shall extend until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280. The terms of office of county commissioners shall be staggered so that either one or two commissioners are elected at a general election held in each ((even-numbered))on-cycle year.

(2) At the general election held in 2022, any noncharter county with a population of four hundred thousand or more must elect county commissioners in accordance with a districting plan adopted under RCW 36.32.054. Any county commissioner whose term is set to expire on or after January 1, 2023, is subject to the new election in accordance with the districting plan. The county commissioners shall begin their terms of office on January 1, 2023, and such terms shall be staggered terms, as designated in the districting plan.

Sec. 27. RCW 36.32.0554 and 1990 c 252 s 4 are each amended to read as follows:

The terms of the persons who are initially elected to positions four and five under RCW 36.32.0552 shall be as follows:

(1) If the year in which the primary and general elections are held is an ((even-numbered))on-cycle year, the person elected to position four shall be elected for a two-year term, and the person elected to position five shall be elected for a four-year term; or

(2) If the year in which the primary and general elections are held is an ((odd-numbered))off-cycle year, the person elected to position four shall be elected for a one-year term, and the person elected to position five shall be elected for a three-year term.

(3) The length of the terms shall be calculated from the first day of January in the year following the election. Each person elected pursuant to subsection (1) or (2) of this section shall take office immediately upon the issuance of a certificate of his or her election.

(4) Thereafter, persons elected to commissioner positions four and five shall be elected for four-year terms and shall take office at the same time the other members of the board of county commissioners take office.

Sec. 28. RCW 36.69.070 and 2015 c 53 s 66 are each amended to read as follows:

A ballot proposition authorizing the formation of the proposed park and recreation district shall be submitted to the voters of the proposed district for their approval or rejection at the next general state election occurring sixty or more days after the county legislative authority fixes the boundaries of the proposed district. Notices of the election for the formation of the park and recreation district shall state generally and briefly the purpose thereof and shall give the boundaries of the proposed district and name the day of the election and the hours during which the polls will be open. The proposition to be submitted to the voters shall be stated in such manner that the voters may indicate yes or no upon the proposition of forming the proposed park and recreation district.

The initial park and recreation commissioners shall be elected at the same election, but this election shall be null and void if the district is not authorized to be formed. No primary shall be held to nominate candidates for the initial commissioner positions. Candidates shall run for specific commission positions. A special filing period shall be opened as provided in RCW 29A.24.171 and 29A.24.181. The person who receives the greatest number of votes for each commission position shall be elected to that position. The three persons who are elected receiving the greatest number of votes shall be elected to four-year terms of office if the election is held in an ((odd-numbered))on-cycle year or three-year terms of office if the election is held in an ((even-numbered))off-cycle year. The other two persons who are elected shall be elected to two-year terms of office if the election is held in an ((odd-numbered))on-cycle year or one-year terms of office if the election is held in an ((even-numbered))off-cycle year. The initial commissioners shall take office immediately upon being elected and qualified, but the length of such terms shall be computed from the first day of January in the year following this election.

Sec. 29. RCW 36.69.090 and 2015 c 53 s 67 are each amended to read as follows:

A park and recreation district shall be governed by a board of five commissioners. Except for the initial commissioners, all commissioners shall be elected to staggered four-year terms of office and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280. Candidates shall run for specific commissioner positions.

Elections for park and recreation district commissioners shall be held biennially in conjunction with the general election ((in each odd-numbered year))on the date provided in RCW 29A.04.330. Elections shall be held in accordance with the provisions of Title 29A RCW dealing with general elections, except that there shall be no primary to nominate candidates. All persons filing and qualifying shall appear on the general election ballot and the person receiving the largest number of votes for each position shall be elected.

Sec. 30. RCW 36.93.051 and 2011 1st sp.s. c 21 s 23 are each amended to read as follows:

The boundary review board in each county with a population of one million or more shall consist of eleven members chosen as follows:

(1) Four persons shall be appointed by the county appointing authority;

(2) Four persons shall be appointed by the mayors of the cities and towns located within the county; and

(3) Three persons shall be appointed by the board from nominees of special districts in the county.

The governor shall designate one initial appointee to serve a term of two years, and two initial appointees to serve terms of four years, if the appointments are made in an ((odd-numbered))on-cycle year, or one initial appointee to serve a term of one year, and two initial appointees to serve terms of three years, if the appointments are made in an ((even-numbered))off-cycle year, with the length of the term being calculated from the first day of February in the year the appointment was made.

The county appointing authority shall designate one of its initial appointees to serve a term of two years, and two of its initial appointees to serve terms of four years, if the appointments are made in an ((odd-numbered))on-cycle year, or one of its initial appointees to serve a term of one year, and two of its initial appointees to serve terms of three years, if the appointments are made in an ((even-numbered))off-cycle year, with the length of the term being calculated from the first day of February in the year the appointment was made.

The mayors making the initial city and town appointments shall designate two of their initial appointees to serve terms of two years, and one of their initial appointees to serve a term of four years, if the appointments are made in an ((odd-numbered))on-cycle year, or two of their initial appointees to serve terms of one year, and one of their initial appointees to serve a term of three years, if the appointments are made in an ((even-numbered))off-cycle year, with the length of the term being calculated from the first day of February in the year the appointment was made.

The board shall make two initial appointments from the nominees of special districts, with one appointee serving a term of four years and one initial appointee serving a term of two years, if the appointments are made in an ((odd-numbered))on-cycle year, or one initial appointee serving a term of three years and one initial appointee serving a term of one year if the appointments are made in an ((even-numbered))off-cycle year, with the length of the term being calculated from the first day of March in the year in which the appointment is made.

After the initial appointments, all appointees shall serve four-year terms.

No appointee may be an official or employee of the county or a governmental unit in the county, or a consultant or advisor on a contractual or regular retained basis of the county, any governmental unit in the county, or any agency or association thereof.

Sec. 31. RCW 36.93.061 and 1991 c 363 s 94 are each amended to read as follows:

The boundary review board in each county with a population of less than one million shall consist of five members chosen as follows:

(1) Two persons shall be appointed by the governor;

(2) One person shall be appointed by the county appointing authority;

(3) One person shall be appointed by the mayors of the cities and towns located within the county; and

(4) One person shall be appointed by the board from nominees of special districts in the county.

The governor shall designate one initial appointee to serve a term of two years, and one initial appointee to serve a term of four years, if the appointments are made in an ((odd-numbered))on-cycle year, or one initial appointee to serve a term of one year, and one initial appointee to serve a term of three years, if the appointments are made in an ((even-numbered))off-cycle year, with the length of a term being calculated from the first day of February in the year that the appointment was made.

The initial appointee of the county appointing authority shall serve a term of two years, if the appointment is made in an ((odd-numbered))on-cycle year, or a term of one year, if the appointment is made in an ((even-numbered))off-cycle year. The initial appointee by the mayors shall serve a term of four years, if the appointment is made in an ((odd-numbered))on-cycle year, or a term of three years, if the appointment is made in an ((even-numbered))off-cycle year. The length of the term shall be calculated from the first day in February in the year the appointment was made.

The board shall make one initial appointment from the nominees of special districts to serve a term of two years if the appointment is made in an ((odd-numbered))on-cycle year, or a term of one year if the appointment is made in an ((even-numbered))off-cycle year, with the length of the term being calculated from the first day of March in the year in which the appointment is made.

After the initial appointments, all appointees shall serve four-year terms.

No appointee may be an official or employee of the county or a governmental unit in the county, or a consultant or advisor on a contractual or regular retained basis of the county, any governmental unit in the county, or any agency or association thereof.

Sec. 33. RCW 29A.92.070 and 2019 c 64 s 10 are each amended to read as follows:

(1) The political subdivision shall work in good faith with the person providing the notice to implement a remedy that provides the protected class or classes identified in the notice an equal opportunity to elect candidates of their choice. Such work in good faith to implement a remedy may include, but is not limited to consideration of: (a) Relevant electoral data; (b) relevant demographic data, including the most recent census data available; and (c) any other information that would be relevant to implementing a remedy.

(2) If the political subdivision adopts a remedy that takes the notice into account, or adopts the notice's proposed remedy, the political subdivision shall seek a court order acknowledging that the political subdivision's remedy complies with RCW 29A.92.020 and was prompted by a plausible violation. The person who submitted the notice may support or oppose such an order, and may obtain public records to do so. The political subdivision must provide all political, census, and demographic data and any analysis of that data used to develop the remedy in its filings seeking the court order and with any documents made public. All facts and reasonable inferences shall be viewed in the light most favorable to those opposing the political subdivision's proposed remedy at this stage. There shall be a rebuttable presumption that the court will decline to approve the political subdivision's proposed remedy at this stage.

(3) If the court concludes that the political subdivision's remedy complies with RCW 29A.92.020, an action under this chapter may not be brought against that political subdivision for four years by any party so long as the political subdivision does not enact a change to or deviation from the remedy during this four-year period that would otherwise give rise to an action under this chapter.

(4) In agreeing to adopt the person's proposed remedy, the political subdivision may do so by stipulation, which shall become a public document.

Sec. 34. RCW 29A.92.080 and 2019 c 64 s 11 are each amended to read as follows:

(1) Any voter who resides in the political subdivision may file an action under this chapter if, one hundred eighty days after a political subdivision receives notice of a challenge to its electoral system under RCW 29A.92.060, the political subdivision has not obtained a court order stating that it has adopted a remedy in compliance with RCW 29A.92.020. However, if notice is received after July 1, 2021, then the political subdivision shall have ninety days to obtain a court order before an action may be filed.

(2) If a political subdivision has received two or more notices containing materially different proposed remedies, the political subdivision shall work in good faith with the persons to implement a remedy that provides the protected class or classes identified in the notices an equal opportunity to elect candidates of their choice. If the political subdivision adopts one of the remedies offered, or a different remedy that takes multiple notices into account, the political subdivision shall seek a court order acknowledging that the political subdivision's remedy is reasonably necessary to avoid a violation of RCW 29A.92.020. The persons who submitted the notice may support or oppose such an order, and may obtain public records to do so. The political subdivision must provide all political, census, and demographic data and any analysis of that data used to develop the remedy in its filings seeking the court order and with any documents made public. All facts and reasonable inferences shall be viewed in the light most favorable to those opposing the political subdivision's proposed remedy at this stage. There shall be a rebuttable presumption that the court will decline to approve the political subdivision's proposed remedy at this stage.

(3) If the court concludes that the political subdivision's remedy complies with RCW 29A.92.020, an action under this chapter may not be brought against that political subdivision for four years by any party so long as the political subdivision does not enact a change to or deviation from the remedy during this four-year period that would otherwise give rise to an action under this chapter.

Sec. 35. RCW 29A.92.130 and 2018 c 113 s 405 are each amended to read as follows:

(1) In any action to enforce this chapter, the court may allow the prevailing plaintiff or plaintiffs, other than the state or political subdivision thereof, reasonable attorneys' fees, all nonattorney fee costs as defined by RCW 4.84.010, and all reasonable expert witness fees. ((No))Except as provided in RCW 29A.92.070(5) and 29A.92.080(4), no fees or costs may be awarded if no action is filed.

(2) Prevailing defendants may recover an award of fees or costs pursuant to RCW 4.84.185.

(2) Subject to the availability of amounts appropriated for this specific purpose, the secretary of state may provide grants to county auditors and local governments to change to even-year elections as provided in part II of this act.

(3) Subject to the availability of amounts appropriated for this specific purpose, the secretary of state may provide grants to a political subdivision to make changes to its electoral system as a remedy in response to one or more notices submitted under chapter 29A.92 RCW.

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