H-1122              _______________________________________________

 

                                                    HOUSE BILL NO. 630

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representative Fisher

 

 

Read first time 2/8/85 and referred to Committee on Constitution, Elections & Ethics.

 

 


AN ACT Relating to elections; amending RCW 28A.57.322, 29.04.040, 29.04.055, 35.23.190, 35.24.080, 35.27.120, 35A.12.080, 52.14.070, 53.12.150, 54.12.100, and 68.16.180; and repealing RCW 29.54.180.

 

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

 

        Sec. 1.  Section 28A.57.322, chapter 223, Laws of 1969 ex. sess. and RCW 28A.57.322 are each amended to read as follows:

          Every person elected or appointed to the office of school director, before entering upon the discharge of the duties thereof, shall take an oath or affirmation to support the Constitution of the United States and the state of Washington and to faithfully discharge the duties of his office according to the best of his ability.  In case any official has a written appointment or commission, his oath or affirmation shall be endorsed thereon and sworn to before any officer authorized to administer oaths.  School officials are hereby authorized to administer all oaths or affirmations pertaining to their respective offices without charge or fee.  All oaths of office, when properly made, shall be filed with the ((officer with whom declarations of candidacy for such positions are filed)) county auditor.

 

        Sec. 2.  Section 3, chapter 107, Laws of 1980 and RCW 29.04.040 are each amended to read as follows:

          (1) No paper ballot precinct shall contain more than three hundred voters.  The county legislative authority may divide, alter, or combine precincts so that, whenever practicable, over populated precincts shall contain no more than two hundred fifty registered voters in anticipation of future growth.

          (2) Precinct boundaries may be altered at any time as long as sufficient time exists prior to a given election for the necessary procedural steps to be honored:  PROVIDED, ((HOWEVER,)) That, except as permitted under subsection (5) of this section, no precinct boundaries shall be changed during the period starting as of the thirtieth day prior to the first day for candidates to file for the primary election and ending with the day of the general election.

          (3) Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred registered voters:  PROVIDED, That there shall be at least one voting machine or device for each three hundred registered voters or major fraction thereof when a state primary or general election is held in an even-numbered year.

          (4) On petition of twenty-five or more voters resident more than ten miles from any place of election, the county legislative authority shall establish a separate voting precinct therefor.

          (5) The county auditor shall temporarily adjust precinct boundaries when a city annexes county territory to the city.  The adjustment shall be made as soon as possible after the approval of the annexation.  The temporary adjustment shall be limited to the minimum changes necessary to accommodate the addition of the territory to the city and shall remain in effect only until precinct boundary modifications reflecting the annexation are adopted by the county legislative authority.

          The  county legislative authority of each county in the state hereafter formed shall, at their first session, divide their respective counties into election precincts with two hundred fifty voters or less and establish the boundaries of the same; the county auditor shall thereupon designate the voting place for each such precinct.

 

        Sec. 3.  Section 29.04.055, chapter 9, Laws of 1965 as last amended by section 5, chapter 361, Laws of 1977 ex. sess. and RCW 29.04.055 are each amended to read as follows:

          At any election, general or special, or at any primary, the election authority may combine, unite, or divide precincts and may combine or unite boards of election officials for the purpose of holding such election((:  PROVIDED, That in the event such election shall be held upon the day of any state primary or state general election held in an even-numbered year this section shall not apply)).

 

        Sec. 4.  Section 35.23.190, chapter 7, Laws of 1965 and RCW 35.23.190 are each amended to read as follows:

          Before entering upon his duties and within ten days after receiving notice of his election or appointment every officer of the city shall qualify by taking the oath of office and by filing such bond duly approved as may be required of him.  The oath of office shall be filed with the county auditor.  If no notice of election or appointment was received, the officer must qualify on or before the date fixed for the assumption by him of the duties of the office to which he was elected or appointed.  The city council shall fix the amount of all official bonds and may designate what officers shall be required to give bonds in addition to those required to do so by statute.

          The clerk, treasurer, city attorney, chief of police, police judge, and street commissioner shall each execute an official bond in such penal sum as the city council by ordinance may determine, conditioned for the faithful performance of their duties, including in the same bond the duties of all offices of which he is the ex officio incumbent.

          All official bonds shall be approved by the city council and when so approved shall be filed with the city clerk except the city clerk's which shall be filed with the mayor.  No city officer shall be eligible as a surety upon any bond running to the city as obligee.

          The city council may require a new or additional bond of any officer whenever it deems it expedient.

 

        Sec. 5.  Section 35.24.080, chapter 7, Laws of 1965 and RCW 35.24.080 are each amended to read as follows:

          In a city of the third class, the treasurer, city attorney, clerk, police judge, chief of police, and such other officers as the council may require shall each, before entering upon the duties of his office, take an oath of office and execute and file with the clerk an official bond in such penal sum as the council shall determine, conditioned for the faithful performance of his duties and otherwise conditioned as may be provided by ordinance.  The oath of office shall be filed with the county auditor.

 

        Sec. 6.  Section 35.27.120, chapter 7, Laws of 1965 and RCW 35.27.120 are each amended to read as follows:

          Every officer of a town before entering upon the duties of his office shall take and file with the ((town clerk)) county auditor his oath of office.  The clerk, treasurer, and marshal before entering upon their respective duties shall also each execute a bond approved by the council in such penal sum as the council by ordinance may determine, conditioned for the faithful performance of his duties including in the same bond the duties of all offices of which he is made ex officio incumbent.

          All bonds, when approved, shall be filed with the town clerk, except the bonds of the clerk which shall be filed with the mayor.

 

        Sec. 7.  Section 35A.12.080, chapter 119, Laws of 1967 ex. sess. and RCW 35A.12.080 are each amended to read as follows:

          Any officer before entering upon the performance of his duties may be required to take an oath or affirmation as prescribed by charter or by ordinance for the faithful performance of his duties.  The oath or affirmation shall be filed with the county auditor.  The clerk, treasurer, if any, chief of police, and such other officers or employees as may be designated by ordinance or by charter shall be required to furnish annually an official bond conditioned on the honest and faithful performance of their official duties.  The terms and penalty of official bonds and the surety therefor shall be prescribed by ordinance or charter, and the bond shall be approved by the chief administrative officer of the city.  The premiums on such bonds shall be paid by the city.  When the furnishing of an official bond is required of an officer or employee, compliance with such provisions shall be an essential part of qualification for office.

 

        Sec. 8.  Section 29, chapter 34, Laws of 1939 as amended by section 34, chapter 230, Laws of 1984 and RCW 52.14.070 are each amended to read as follows:

          Before beginning the duties of office, each fire commissioner shall take and subscribe the official oath for the faithful discharge of the duties of office as required by RCW 29.01.135, which oath shall be filed in the office of the ((clerk of the superior court)) auditor in the county in which the district is situated.

 

        Sec. 9.  Section 8, chapter 17, Laws of 1959 as last amended by section 1, chapter 11, Laws of 1983 and RCW 53.12.150 are each amended to read as follows:

          A vacancy in the office of port commissioner created by death, resignation, or otherwise, shall be filled as follows:

          (1) If there are simultaneously such number of vacancies that less than a majority of the full number of commissioners fixed by law remain in office, the legislative authority of the county shall within fifteen days of such vacancies appoint the number of commissioners necessary to provide a majority.  The commissioners thus appointed, together with any remaining commissioners, shall then, within ((fifteen)) sixty days of their appointment, meet and appoint the number of commissioners needed to complete the board of commissioners.  However, if they fail to fill the remaining vacancies within this ((fifteen)) sixty-day period, the legislative authority of the county shall make the necessary appointments.

          (2) If a majority of the full number of commissioners fixed by law remains on the board, the remaining commissioners shall fill any vacancies.    However, if they fail to fill any vacancy within ((fifteen)) sixty days of its occurrence, ((or within fifteen days after March 10, 1983,)) the legislative authority of the county shall make the necessary appointment.

          (3) ((Appointments made pursuant to this section shall be ad interim to the next general election.))  A person appointed to fill  a vacancy in the office of port commissioner shall continue to serve until a successor is elected and qualified.

 

        Sec. 10.  Section 10, chapter 265, Laws of 1959 and RCW 54.12.100 are each amended to read as follows:

          Each commissioner before he enters upon the duties of his office shall take and subscribe an oath or affirmation that he will faithfully and impartially discharge the duties of his office to the best of his ability.  This oath, or affirmation, shall be administered and certified by an officer of the county in which the district is situated, who is authorized to administer oaths, without charge therefor.  The oath or affirmation shall be filed with the county auditor.

 

        Sec. 11.  Section 18, chapter 6, Laws of 1947 and RCW 68.16.180 are each amended to read as follows:

          Each cemetery commissioner, before assuming the duties of his office, shall take and subscribe an official oath to faithfully discharge the duties of his office, which oath shall be filed in the office of the county ((clerk)) auditor.

 

          NEW SECTION.  Sec. 12.  Section 95, chapter 361, Laws of 1977 ex. sess. and RCW 29.54.180 are each repealed.

         

 

          NEW SECTION.  Sec. 13.    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.