HOUSE BILL REPORT

HJR 4204

BYRepresentatives Fisher, Pruitt and Fisch

Providing for the filling of vacancies in joint legislative offices.

House Committe on Constitution, Elections & Ethics

Majority Report:  The substitute resolution be substituted therefor and the substitute resolution do pass.  (7)

      Signed by Representatives Fisher, Chair; Pruitt, Vice Chair; Amondson, Barnes, Fisch, Leonard and Sanders.

House Staff:Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON CONSTITUTION, ELECTIONS & ETHICS

MARCH 3, 1987

BACKGROUND:

Article II, Section 15 of the state's constitution outlines the procedures to be used in filling a vacancy in either house of the state legislature or in a partisan county elective office.  The vacancy is to be filled by appointment by the board of county commissioners of the county in which it occurs.  The person appointed must be from the same district and political party as the person whose office has been vacated.

If the district is within one county, the person must be one of three nominated for the appointment by the county central committee of that party.  If the vacancy occurs in a joint legislative district (a multi-county district), the person must be one of three persons nominated by the state central committee and must be appointed by the joint action of the boards of county commissioners of the counties within the district.

If the county commissioners do not agree upon an appointment within 60 days after the vacancy occurs, the governor must, within an additional 30 days, appoint a person to fill the vacancy from the list of nominees.

Article XI of the state's constitution authorizes the creation and adoption of a Home Rule charter in a county which may create a county legislative authority that differs from the three member boards of commissioners otherwise established by law for counties.

SUMMARY:

SUBSTITUTE RESOLUTION:  Article II, Section 15 of the state's constitution is amended.  In filling a vacancy in a joint legislative district, each county's share of the total vote cast by the county legislative authorities shall be equal to the percentage of the district's voters that reside within the county based upon the number of persons registered to vote at the state general election immediately preceding the joint action.  A county's share of the vote shall be divided equally among the members of the county's legislative authority.

The length of time established by the constitution for filling such vacancies is changed.  If the members of the county legislative authority or authorities do not agree upon an appointment within 28 days (rather than 60 days) after the vacancy occurs, the governor shall appoint a person from the list of nominees within an additional seven days (rather than 30 days).

A ballot title is provided by the measure for the proposed constitutional amendment.  The title is effective is SHB 243 (authorizing the legislature to establish such titles) is enacted before July 1, 1987.

SUBSTITUTE RESOLUTION COMPARED TO ORIGINAL:  The provisions basing the computation of registered voters on the number of persons registered to vote at the preceding general election and providing a ballot title are provided by the substitute measure.  The deadline established by the original measure for county legislative authorities to fill a vacancy in a joint action is changed by the substitute.

Fiscal Note:      Not Requested.

Effective Date:The constitutional amendment takes effect if it is adopted and ratified by the voters at the November 1987 general election.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    None Presented.

House Committee - Testimony Against:      None Presented.