SENATE BILL REPORT

HB 1571

BYRepresentatives R. Fisher, McLean and Sayan; by request of Secretary of State

Changing the procedure for filling port district vacancies.

House Committe on State Government

Senate Committee on Governmental Operations

Senate Hearing Date(s):March 29, 1989; February 15, 1990

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; DeJarnatt, Patrick, Sutherland.

Senate Staff:Rod McAulay (786-7754)

                  February 15, 1990

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 15, 1990

BACKGROUND:

State laws governing special elections to fill vacancies in the office of port commissioner provide that interim commissioners appointed by the board serve until a successor is elected at the next district general election occurring 60 or more days after the vacancy has occurred.  This 60-day threshold is inconsistent with the existing election laws applicable to nonpartisan positions.

Persons elected to fill an unexpired term at a special election which occurs concurrently with a regularly scheduled election for that same office shall serve both the remainder of the unexpired term in addition to the full term to which he or she is elected.  For example: if a vacancy occurs in August of the last year of a four-year term, a special election for the remaining months of the term would be held at the general election in November.  The person elected at that special election would also be automatically elected to the succeeding full term.  This could result in confusion between candidates for the unexpired term and candidates who had already timely filed for the new term.

SUMMARY:

A person appointed to fill a vacancy in the office of port commissioner shall serve until a successor is elected and qualified under the election code applicable to nonpartisan elections.  A successor may be elected at the next district general election occurring more than four weeks after the vacancy has occurred.

Persons elected to fill an unexpired term at a special election which occurs concurrently with a regularly scheduled election for that same office will not automatically be elected to the succeeding term.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: John Pearson, Office of Secretary of State; Don White, Washington Public Ports Association